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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 learned Amicus Curiae for the victim/informant.
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 appeal has been filed against the impugned order dated 15.01.2026 in A.B.P. No. 05 of 2026 passed by the learned Additional Sessions Judge-I-cum Special Judge, SC/ST (PoA) Act, Jamshedpur in SC/ST P.S. Case No. 05 of 2025 arising out of SC/ST Case No.11 of 2024, registered for the offence under Sections 379, 354, 323, 341, 504, 506, 406, 420, 467, 468, 469 & 471 of the Indian Penal Code and under Section 3(i)(ix), 3(1)(x), 3(1)(xi) & 3(2)(v) of the SC/ST (PoA) Act, whereby the prayer for grant of anticipatory bail of the appellant has been rejected. The case is presently pending in the court of the learned Additional Sessions Judge-I-cum Special Judge, SC/ST (PoA) Act, Jamshedpur.
It has been submitted by the learned counsel for the appellant that it is a commercial transaction between the parties for which a criminal case has been lodged and this is nothing, but method of recovery, which is not permissible and it is misuse of protective provision of the SC/ST Act. On the above basis, the prayer for bail has been made.
On the other hand, learned counsel for the State has opposed the prayer for bail.
Considering the above facts and the fact that it is a commercial transaction, the appellant named above, is directed to be released on bail, on his furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of like amount each to the satisfaction of the learned Additional Sessions Judge-I-cum Special Judge, SC/ST (PoA) Act, Jamshedpur in connection with in SC/ST P.S. Case No. 05 of 2025 arising out of SC/ST Case No.11 of 2024, subject to the condition that the appellant will submit self-attested photocopy of his Aadhaar Card and also submit his mobile number before the learned court below which he will always keep active and will not change it during pendency of this case without prior permission of the court.
In the result, the instant appeal stands allowed and accordingly, disposed of.
The assistance given by Mr. Rishav Kumar, learned Amicus Curiae is highly appreciable.
Let this order be communicated to the learned Member Secretary, JHALSA, Ranchi, for the purpose of remuneration to be paid to the learned Amicus Curiae as permissible.