IMPORTANT POINT
Anticipatory bail can be granted in offences under Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1985 where prima facie offence under Atrocities Act are not made out.

JUDGMENT

Vibha Kankanwadi, J.—Admit.

2. The appellants in Criminal Appeal No.988 of 2022 are the original accused Nos.1 to 4 in Crime No.299 of 2022 registered with Kranti Chowk Police Station, District-Aurangabad, which is lodged at the behest of respondent No.2 – original informant. The appellants had filed application under Section 438 of the Code of Criminal Procedure, bearing Anticipatory Bail Application Nos.2353 of 2022 before the learned Special Judge under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act (for short “Atrocities Act”), Aurangabad. The said application came to be rejected on 20th December 2022. Hence the appellants have filed Criminal Appeal No.988 of 2022 under Section 14-A(2) of the Atrocities Act.

3. In Criminal Appeal No.988 of 2022, heard Mr. V.D. Sapkal, learned Senior Counsel instructed by Mr. Patel Khizer Advocate for Appellants, Mr. S.D. Ghayal, learned APP for Respondent No.1 – State and Mr. S.B. Deshpande, learned Advocate for Respondent No.2. In Criminal Appeal No.20 of 2023 heard learned Advocate Mr. Swapnil B. Joshi for the Appellant and learned APP as well as learned Senior Counsel appearing for respective respondents.

4. It has been submitted by learned Senior Counsel Mr. Sapkal instructed by Mr. Patel Khizer, learned Advocate for Appellants in Criminal Appeal No.988 of 2022 that the learned Special Judge wrongly held that taking into consideration the seriousness, sensitivity, gravity and the offence, crucial stage of investigation and as there is bar under Section 18 and 18-A of the Atrocities Act, it will not be proper to release the accused on pre-arrest bail and thereby refused to grant the anticipatory bail. The learned Special Judge failed to consider that in the First information Report (for short “FIR”) itself respondent No.2 has come with the case that there was love affair between him and accused No.1 and there was exchange of the amounts in lakhs of rupees between them. According to the informant the offence had taken place between 1st March 2018 to 20th August 2022, yet he lodged the report with Kranti Chowk Police Station on 2nd December 2022. There is total suppression of the earlier complaint which he had filed with City Chowk Police Station and when City Chowk Police Station refused to take cognizance, he approached to Kranti Chowk Police Station. One more aspect from the contents of the FIR which is required to be considered is that there is total suppression of the offence lodged with Chikalthana Police Station, Aurangabad bearing Crime No.363 of 2022 on 3rd September 2022 by accused No.1 against the informant for the offence punishable under Sections 376(2)(n), 384, 354, 354-D, 506 read with Section 34 of the Indian Penal Code. The documents regarding conversation on WhatsApp between accused No.1 and the informant would show that there was love affair between them. When there is a love affair, then there is no scope for caste or community. It also appears that the accused Nos.2 and 3, who are the parents of accused No.1, had no objection for their relationship. But informant says that they all were insisting that he should accept Islam, get himself converted and then perform marriage with accused No.1. The informant has stated that somewhere in March 2021 there was forcible circumcision (Khatana). It was impressed upon the informant that after the circumcision he has become Muslim and then by giving threats he was left home. But, still then the informant says that he had paid lakhs of rupees to accused No.1 and total amount which he gives, which were given by him to accused No.1 was amounting to Rs.11,00,000/-. It is the say of the informant that thereafter also the accused persons asked him to give amount of Rs.25,00,000/- which he refused to pay and then offence under Section 354 of the Indian Penal Code was filed by accused No.1 against him with MIDC, Cidco Police Station on 29th September 2021. He says that even in the premises of the D