1 S.B.Criminal. Misc. Bail Application No.2992/2007 (Chuhad Singh & Ors. vs. State of Rajasthan) Date of order : July 05, 2007 HON'BLE MR.H.R.PANWAR,J. Mr.V.K.Bhadu, for the petitioners. Mr.Ashok Upadhyaya, Public Prosecutor. Mr.Pradeep Shah, for the complainant. Heard learned counsel for the petitioners and the Public Prosecutor for the State assisted by counsel appearing for the complainant. Apart from other offences, the offences under sections 3(1) (iv) and 3(1)(v) of the S.C. & S.T. (Prevention of Atrocities) Act, 1989 (for short `the Act of 1989'), have been alleged against the petitioners. Section 18 of the Act of 1989 takes away the application of section 438 Cr.P.C. In this view of the matter, the bail application filed under section 438 Cr.P.C on behalf of petitioners is dismissed as not maintainable. At this stage, learned counsel for the petitioners submits that the petitioners are prepared to surrender before the trial 2 court and move a regular bail. If the petitioners surrender and move a regular bail before the trial court, the trial court shall consider and decide the same on the very day. (H.R.PANWAR),J. m.asif/-