1 S.B.Criminal. Misc. Bail Application No.3089/2007 (Ashok alias Navneet vs. State of Rajasthan) Date of order : July 09, 2007 HON'BLE MR.H.R.PANWAR,J. Mr.Shambhoo Singh for the petitioner. Mr. Ashok Upadhyaya, Public Prosecutor. Heard learned counsel for the petitioner and the Public Prosecutor for the State. Perused the order impugned. The allegation against the petitioner is for the offence under section 3(1)(x) of the S.C. & S.T. (Prevention of Atrocities) Act, 1989 (for short `the Act of 1989'). Section 18 of the Act of 1989 takes away the application of section 438 Cr.P.C. Having regard to the facts and circumstances of the case, I do not consider it a fit case to grant anticipatory bail to the petitioner. Accordingly, the bail application filed under section 438 Cr.P.C on behalf of petitioner is dismissed as not maintainable. 2 At this stage, learned counsel for the petitioner submits that the petitioner will surrender before the trial court and move a regular bail. If the petitioner surrenders before the trial court and moves a regular bail, the trial court shall consider and decide the same on the very day. (H.R.PANWAR),J. m.asif/-