VINOD BINDAL Vs. STATE OF HARYANA

JUDGEMENT

(1.) Notice of motion. On the asking of this Court, Mr. Munish Sharma, AAG, Haryana accepts notice of motion.

(2.) The petitioner in the aforesaid anticipatory bail application filed under Sec. 438 of the Cr.P.C. is alleged to have committed offences punishable under Sec. 3 (1) (r) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter referred to as 'SC/ST Act') and Sec. 384 of the IPC in case FIR No.948 dtd. 19/10/2022 registered at Police Station Assandh, District Karnal.

(3.) The moot point which requires consideration by this Court in the present case is whether in the matter of grant of anticipatory bail to the petitioner alleged to have committed offences under the SC/ST Act can approach this Court directly by filing application under Sec. 438 of the Cr.P.C. for grant of anticipatory bail when the said statute provides an absolute prohibition on the applicability of the provisions of Sec. 438 of Cr.P.C.