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 voluntarily.

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 Sanhita, under Sections 3 (1) (r), 3(2)(va), 3(2)(5) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act,

4. On the face of the record, it appears that on 25.11.2025, the informant/respondent No. 2 lodged an oral report with Itwara Police Station, Nanded, alleging that his son Deepak was working as a contract labourer with Krushi Udyog, Chandasingh Corner, Nanded, and to overcome financial crisis, his son had obtained a loan of Rs.2,00,000/- (Rupees Two Lakh) from one Lakhan Thakur by mortgaging sale-deed of the plot approximately one and half years prior thereto. However, said Lakhan Thakur was lodged in jail in some other crime. The said mortgage period was to expire in the month of February 2025. At that time, he paid Rs.2,00,000/- to said Ranveer Thakur towards repayment of said loan and got sale-deed of the plot. After release from jail, Lakhan Thakur visited in front of the informant’s house and abused on his caste by demanding an amount of Rs.3,00,000/- (Rupees Three Lakh) towards loan interest. The respondent No.2 / informant further alleged that, on 23.11.2025, at about 10.00 a.m., one villager Smt. Manebai gave a phone call to his son Deepak and demanded refund of loan amount. Prior to one year, his son Deepak borrowed loan amount of Rs.70,000/- on interest from the present appellant- Kausalyabai Telang but said loan was still not paid. Therefore, since past seven months, the appellant / accused was continuously visiting him and was also abusing on his caste. It is further alleged that the accused Lakhan Thakur, Manebai and the present appellant Kausalyabai Thakur, were having knowledge that the respondent No.2 and his son belong to Scheduled Caste and they were continuously harassing the complainant's son Deepak and also abused him in public view on his caste because of non-refund of loan amount. So also, all the accused had issued life threat to his son on failure of repayment of loan. Hence, on 23.11.2025 at about 22.00 hours, his son Deepak committed suicide by plunging in Godavari riverbed. On the basis of said report, Crime No.357 of 2025 was registered with Itwara Police Station, Nanded for the offence punishable under Sections 108 , 352, 351(3) of the Bharatiya Nyaya Sanhita, under Sections 3 (1)(r), 3(2)(va), 3(2)(5) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act.

5. The appellant/accused filed Criminal Bail Application No.1042 of 2025 and prayed for anticipatory bail. However, on 26.12.2025, the learned Additional Sessions Judge-1, Nanded, passed the impugned order and declined to grant anticipatory bail to the present appellant / accused.

6. The learned counsel for the appellant has filed written notes of argument and also argued the matter for a considerable period. The learned