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Judgment
Rajan Gupta, J.—The petitioners is seeking anticipatory bail in a Criminal complaint case under Sections 499, 500, 506, 34 IPC read with Sections 3 (X) of the SC and ST Act (Prevention of Atrocities) Act, 1998.
The petitioners have been summoned vide order dated 12.02.2009 (Annexure P-2) passed by JMIC, Yamuna Nagar at Jagadhari and their application of anticipatory bail has been declined by Addl Sessions Judge, Yamuna Nagar at Jagadhari. The petitioners therefore, apprehend their arrest pursuant to the said order. Counsel for the petitioners has contended that the alleged occurrence relates to 15.06.2007, while the present FIR was lodged on 03.11.2007. According to the Counsel, two separate enquiries were held in this matter and it was found that the allegations were in-fact false. He has referred to reports of Superintendent of Police, Yamuna Nagar and report of Deputy Superintendent of Police (Annexure P-5) in this regard.
Learned Counsel for the respondent No. 1 has however, opposed the grant of bail to the petitioners on the ground that same is barred in view of Section 18 of the SC and ST Act (Prevention of Atrocities) Act, 1998.
Keeping in view the facts and circumstances of the case, the prayer for anticipatory bail is rejected. However, it is directed that in case the petitioners surrender before the trial court and move the said court for grant of regular bail, within a week from receipt of certified copy of this order, their bail application shall be decided on the same day.
Arrest of the petitioners shall remain stayed till the decision of the bail application.