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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) 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 17.03.2026 passed by the learned Additional Sessions Judge-I-cum-Special Judge, SC/ST Act, Garhwa in A.B.P No.93 of 2026 arising out of Meral P. S Case No.15 of 2026, registered for the offences under Sections 126(2), 115(2), 303(2), 352 of the BNS, 2023 and Sections 3(1)(r) & 3(1)(s) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act. This case is presently pending in the Court of learned Additional Sessions Judge-I-cum-Special Judge, SC/ST (PoA) Act, Garhwa.
It has been submitted by the learned counsel for the appellant that no offence under the SC/ST Act has been made out as there is no consideration of caste, rather there is some other dispute which has been tried to settle by this case. This is nothing, but misuse of the protective provision of the SC/ST Act. On the above basis, 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.
Considering the above facts, 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) with two sureties of the like amount each, to the satisfaction of learned Additional Sessions Judge-I-cum-Special Judge, SC/ST (PoA) Act, Garhwa in connection with Meral P. S Case No.15 of 2026, 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.