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IN THE HIGH COURT OF JUDICATURE OF BOMBAY, BENCH AT AURANGABAD
Y.G.KHOBRAGADE
Yogitabai, W/o. Vinod Patil – Appellant
Versus
State of Maharashtra, Through Police Inspector, Amalner Police Station – Respondent
| Table of Content |
|---|
| 1. fir alleges casteist abuse, assault at public tap. (Para 1 , 2 , 3 , 4) |
| 2. delayed fir, cross-report indicate false implication. (Para 5 , 6 , 7 , 8 , 9) |
| 3. sc/st s.3(1)(r) requires caste-based humiliation intent. (Para 10 , 11 , 12) |
| 4. public caste slur prima facie violates sc/st act. (Para 13 , 17 , 18 , 19 , 20) |
| 5. section 18 bars anticipatory bail on prima facie case. (Para 14 , 15 , 16) |
| 6. bail denied accused 1-2, granted 3-4. (Para 21 , 22 , 23 , 24) |
JUDGMENT :
Y.G. KHOBRAGADE, J.
1. Heard Mr. Warma, the learned counsel for the appellants, Mr. Chate, the learned APP for respondent Nos. 1 and 2 and Mr. Mahajan, the learned counsel for respondent No.3 / informant.
2. By the present appeal under Section 14-A of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act read with Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, the appellants/accused takes exception to the order dated 10.12.2025, passed by the learned Special Judge, Amalner. By the impugned order, the learned Special Judge, Amalner declined to enlarge the appellants/accused on anticipatory bail in connection with Crime No.494 of 2025, registered with Amalner Police Station, Dis
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.
Point of law : Even if the bare reading of the FIR/ complaint indicates that prima facie provisions of the Act are not found to be attracted, then harmonious construction of Section 438 of the Code o....
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....
A complaint must allege that offenses were based on caste discrimination to invoke protections under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act.
The court affirmed that references to repealed penal provisions must be interpreted as references to their re-enacted counterparts, ensuring the applicability of the SC/ST Act.
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