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HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU
RAJESH SEKHRI
Santosha Devi – Appellant
Versus
UT of J&K – Respondent
| Table of Content |
|---|
| 1. public assault and alleged caste slur 'chinal'. (Para 1 , 2 , 3 , 4 , 5 , 6 , 7) |
| 2. 'chinal' not caste slur; intent required. (Para 8 , 9 , 10 , 11 , 12 , 13) |
| 3. evidence supports prima facie sc/st offences. (Para 14 , 15 , 16) |
| 4. bail allowed if no prima facie sc/st case. (Para 17 , 18 , 19 , 20 , 21 , 22 , 23 , 24) |
| 5. no mini-trial for disputed word meaning. (Para 25 , 26 , 27 , 28 , 29 , 30 , 31 , 32) |
| 6. single caste-based slur constitutes s.3(1)(s). (Para 33 , 34) |
| 7. video shows no audible caste slur. (Para 35 , 36 , 37 , 38 , 39 , 40 , 41) |
| 8. anticipatory bail granted with conditions. (Para 42 , 43 , 44) |
JUDGMENT :
RAJESH SEKHRI, J.
1. Aggrieved of order dated 21.01.2026 passed by learned Principal Sessions Judge (Special Judge) Bhadewah [“the trial Court”], vide which, her application for pre-arrest bail came to be dismissed, petitioner has preferred this composite petition under Section 528 BNSS read with Section 14A(2) of the Scheduled Caste and Schedule Tribe (Prevention of Atrocities) Act, 1989 [hereinafter referred to as ‘SC/ST Act’].
2. An overview of the prosecution case is that on 09.01.2026, respondent No.2, [“the complainant”] at about 1700 hours, lodged a w
Anticipatory bail not barred under SC/ST Act if FIR and video evidence do not prima facie disclose caste-based insult or abuse ingredients; court verifies electronic material without resolving factua....
Sufficient evidence must link alleged acts to an intent to humiliate based on caste identity for the application of the SC/ST Act.
Insults must be targeted at a victim's Scheduled Caste or Tribe status to constitute an offence under Section 3(1)(x) of the SC/ST Act.
(1) Casteist abuses and criminal intimidation – Place of occurrence must be one “within public view” which is a sine qua non for making out offence under SC/ST Act.(2) Quashing of criminal case – Con....
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....
Anticipatory bail – Bar under Section 18 and (2) of Section 18A of SC/St Act, 1989 will not apply if complaint does not make out a prima facie case for applicability of provisions of 1989 Act.
While considering any application seeking pre-arrest bail, High Court has to balance two interests: i.e. that the power is not so used as to convert jurisdiction into that under Section 438 of Crimin....
The judgment emphasizes the need to demonstrate intention to humiliate a member of the SC/ST community for the SC/ST Act to apply, and discusses the applicability of anticipatory bail under the Act.
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