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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 appellants, learned counsel for the State and the learned Amicus Curiae 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 13.02.2026 passed by the learned Additional Sessions Judge-1st, Godda in A.B.P No.89 of 2026 in connection with Sundarpahari P.S. Case No.42 of 2025, for the offences under Sections 115, 316, 351, 352, 74 of B.N.S., 2023 and Sections 3(1)(r) & 3(1)(s) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, whereby the prayer for grant of anticipatory bail of the appellants has been rejected. The case is presently pending in the Court of learned Additional Sessions Judge-I, Godda.
It has been submitted by the learned counsel for the appellants that the money has been returned as per instruction and there was simple miscommunication between the parties which has resulted in the present FIR and they have been assaulted also. It has further been submitted that the chargesheet has not been submitted under the SC/ST Act, but the cognizance has been taken by the trial Court under the SC/ST Act. It is nothing but misuse of the protective provision of the SC/ST Act. On the above basis, prayer for anticipatory bail has been made.
On the other hand, learned counsel for the State and the learned Amicus Curiae for the victim have opposed the prayer for grant of anticipatory bail stating that the fraud has been played upon the beneficiaries of government scheme which is meant for the weaker section of the society and further the female members have also been assaulted.
Considering the nature of the crime and the mandate of Section 18 of the SC/ST (PoA) Act, I am not inclined to grant privilege of anticipatory bail to the appellants. Accordingly, the present criminal appeal is, hereby, dismissed.
The assistance given by Ms. Sharda Kumari, 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.