Background

In a significant ruling, the Bombay High Court has granted anticipatory bail to two accused individuals, Sumer Khan and Afsar Khan , who were facing charges under the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989 (Atrocities Act) and the Indian Penal Code (IPC).

Arguments

The appellants, Sumer Khan and Afsar Khan , argued that they were falsely implicated in the case and that the allegations made against them in the First Information Report (FIR) were omnibus in nature. They contended that the main allegations of assault under Section 354 of the IPC were against the accused No. 1, and there were no specific allegations against them. The appellants also argued that the alleged abuses in chorus were unrealistic and that the bar under Sections 18 and 18A of the Atrocities Act should not apply to them.

The respondent state and the informant, however, argued that the FIR clearly showed that the appellants, along with the other accused, had abused the informant using casteist slurs. They contended that the bar under Section 18A of the Atrocities Act should be applicable in this case.

Court's Analysis and Reasoning

The Bombay High Court, after carefully examining the FIR, found that the allegations against the appellants were of a general and omnibus nature. The court observed that the main allegations of assault under Section 354 of the IPC were against the accused No. 1, and there were no specific allegations against the appellants. The court also noted that the alleged abuses in chorus were unrealistic and that the decisions relied upon by the appellants were applicable to the present case.

The court held that the bar under Sections 18 and 18A of the Atrocities Act may not stand in the way of the appellants, and they were entitled to anticipatory bail.

Decision

The Bombay High Court allowed the appeal, quashed the order of the Additional Sessions Judge, and granted anticipatory bail to the appellants, Sumer Khan and Afsar Khan , in the event of their arrest. The court directed the appellants to furnish a personal recognizance bond of Rs. 25,000 each with a solvent surety in the like amount and to attend the police station twice a week.