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Judgment
The present appeal has been filed under Section 14(A) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Amendment Act.
Heard learned counsel for the appellant, learned counsel for the State and the learned counsel for the respondent No.2/victim.
Although Section 18 of the SC/ST (PoA) Act bars the grant of anticipatory bail, such bar would not apply in case where no prima facie offence under the Act is made out.
The present appeal has been filed against the order dated 15.05.2025 passed by the learned Special Judge, SC/ST (PoA) Act, Palamau in M.C.A. No.1039 of 2025 arising out of Hussainabad P.S. Case No.58 of 2025, registered for the offences under Sections 126(2), 118(2), 329(4), 74, 303(2), 324(2) r/w 3/5 of the BNS, 2023 and Section 3(1) (r) (s) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act by which the prayer for anticipatory bail to the appellant was rejected. The case is presently pending in the Court of learned Special Judge SC/ST (PoA), Palamau.
It has been submitted by the learned counsel for the appellant that there is a case and counter case between the parties. As the alleged incident took place on the eve of Holi festival where he was only attempted to put the color on the victim in the house. Hence, no offence under SC/ST Act has been made out. On these grounds, prayer for anticipatory bail has been made.
Learned counsel for the State and the learned counsel for the respondent No.2 have opposed the prayer for anticipatory bail and submitted that the allegation made out is under SC/ST Act as the victim was abused by the appellant by taking her caste name.
Considering the above facts and it is nothing but during Holi festival, I am inclined to grant anticipatory bail to the appellant. Accordingly, the appellant, named above, is directed to surrender in the trial court within four weeks from the date of receipt/production of a copy of this order, and in the event of his arrest or surrender, he shall be enlarged on anticipatory bail, on his furnishing bail bond of Rs.10,000/- (Rs. Ten Thousand) each with two sureties of the like amount each, to the satisfaction of learned Special Judge, SC/ST (PoA) Act, Palamau, in connection with Hussainabad P.S. Case No.58 of 2025, on the conditions as laid down under Section 482 of the B.N.S.S., 2023. Further, the appellant(s) will submit self-attested photocopy of his /her/their Aadhaar Card(s) and also submit his/her/their mobile number(s) before the learned trial court which he/she/they will always keep active and will not change it without prior permission of the court, till conclusion of the case.
In the result, the present criminal appeal stands allowed and accordingly, disposed of.