1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN JAIPUR BENCH, JAIPUR ORDER SB Cr Misc Bail Application No. 4221/2010 Smt Chandra Kala Vs State of Rajasthan 27.5.2010 HON'BLE MR. JUSTICE MN BHANDARI Mr Kamlendra Sihag - for the petitioner Mr Peeyush Kumar - Public Prosecutor BY THE COURT: Learned counsel for the petitioner submits that only to make out a case for denial of bail under section 438 CrPC, allegations for commissioning of offence under section 3 of the SC/ST Act have been levelled against petitioner. Otherwise, he is not involved in the matter. Thus, petitioner may be granted bail. Learned PP, on the other hand, has opposed the bail application. He submits that in view of provisions of SC/ST Act there is a bar for grant of anticipatory bail. Thus, petitioner may not be granted bail. Considering the bar in granting anticipatory bail under the provisions of SC/ST Act, the bail application of the 2 petitioner is dismissed. However, he would be at liberty to surrender before the Special Court, SC/ST Prevention of Atrocities Cases, Jaipur City, Jaipur. If, on surrender, he files an application for bail then the court below may consider and decide the same expeditiously and if possible on the same day. It is made clear that dismissal of this bail application under section 438 CrPC may not be taken adverse to the petitioner, rather, looking to the facts, matter may be considered. (MN BHANDARI), J. bnsharma