(1.) In this case a preliminary objection was raised by the State regarding maintainability of this application under section 438, Cr.P.C., in view of specific bar under section 18 of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (for short, the "SC/ST Act'") for grant of anticipatory bail. In other words, it is the stand of the State Government that application for grant of anticipatory bail for offences under the SC/ST Act is not maintainable.
(2.) With the consent of parties, matter is finally heard on the question of maintainability as well as on merits. On maintainability:
(3.) In this case the offences are registered vide crime No. 476/2012 under sections 447, 294 of Indian Penal Code and section 3(1)(x) of SC/ST Act by Police Station Chachoda as well as by Police Station AJK, Guna.