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IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD
Y.G.KHOBRAGADE
Kausalyabai W/o Bhujangrao Telang – Appellant
Versus
State of Maharashtra Through Itwara Police Station – Respondent
| Table of Content |
|---|
| 1. appeal challenges denial of anticipatory bail. (Para 1 , 2 , 3 , 5) |
| 2. fir alleges caste abuse over loan causing suicide. (Para 4 , 13) |
| 3. financial dispute lacks sc/st atrocity ingredients. (Para 6 , 7 , 8 , 9) |
| 4. prosecution claims s18 bar and custody necessity. (Para 10 , 11 , 12) |
| 5. fir vagueness allows prima facie scrutiny despite s18. (Para 14 , 15 , 16) |
| 6. no custodial need; anticipatory bail granted. (Para 17 , 18 , 19) |
JUDGMENT :
Y. G. KHOBRAGADE, J.
1. Admit.
2. Heard finally with the consent of the learned counsel appearing for the appellant, learned APP and the learned counsel appearing for respondent No.2.
3. By the present appeal under Section 14-A of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, the appellant/accused takes exception to the order dated 26.12.2025, passed in Criminal Bail Application No.1042 of 2025 by the learned Additional Sessions Judge-1/Special Judge, Nanded, thereby declined to enlarge the appellant/accused on anticipatory bail in connection with Crime No.357 of 2025, registered with Itwara Police Station, Nanded on 25.11.2025, for the offence punishable under Sections 108 , 352, 351(3) of the Bharatiya Nyaya
Section 18 bar on anticipatory bail under SC/ST Act inapplicable where FIR vaguely alleges caste abuse without specifics, revealing financial loan dispute; no custodial need if documents producible v....
Section 18 bar on anticipatory bail under SC/ST Act applies only where prima facie offence of caste-based humiliation in public view established; absent specific allegations against family members, b....
The court ruled that allegations of caste-based abuse must occur in public view to invoke the bar on anticipatory bail under the Atrocities Act, which was not established in this case.
(1) Anticipatory bail application is maintainable in SC/ST Act offences in a given case.(2) In matter of grant of anticipatory bail there is no distinction whether a person apprehends arrest at hands....
The main legal point established in the judgment is the interpretation of section 3(2)(v) of the SCST Act and the application of section 18 and 18-A of the SCST Act in determining the maintainability....
Bar will not apply where the complaint does not make out “a prima facie case” for the applicability of the provisions of the Act. A statutory exclusion of the right to access remedies for bail is con....
The judgment established the need for a prima facie case under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, and emphasized caution in granting anticipatory bail und....
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