Punjab & Haryana HC Denies Anticipatory Bail in Murder via Humiliation Case: Sections 103(1) & 3(5) BNS
07 Mar 2026
Security Deposit Forfeiture Without Show-Cause Notice Violates Natural Justice: Himachal Pradesh High Court
07 Mar 2026
S.202 CrPC Inquiry Not Mandatory for Public Servant Complaints If Accused Outside Jurisdiction: Supreme Court
09 Mar 2026
Professor MP Singh: Shaper of Constitutional Discourse
09 Mar 2026
Right to Promotion is Legitimate Expectation; Marriage-Based Transfer Can't Defeat It: Himachal Pradesh High Court
12 Mar 2026
Section 4 Official Secrets Act Presumption and Prima Facie Evidence Bar Bail in Espionage Case: Punjab & Haryana HC
14 Mar 2026
Centre Revokes Wangchuk's NSA Detention Amid SC Challenge
14 Mar 2026
No Interference Allowed in Religious Prayers on Private Premises: Allahabad HC Cites Maranatha Precedent
14 Mar 2026
No Proof of Absolute Ownership by Mizo Chiefs Bars Fundamental Rights Claim Under Article 31: Supreme Court
14 Mar 2026
Back
Next 
MANISHA BATRA
Nirottam – Appellant
Versus
State of Haryana – Respondent
Headnote: Read headnote
JUDGMENT
Manisha Batra, J. (Oral)
The present appeal has been filed under Section 14-A (2) of the Scheduled Castes and Scheduled Tribes (Prevention of atrocity) Act, 1989 (for short 'the SC/ST Act') by the appellant challenging the order dated 05.06.2024 passed by the learned Additional Sessions Judge, Palwal, whereby an application filed by him under Section 438 Cr.P.C. for grant of anticipatory bail in case arising out of FIR No. 73 dated 19.04.2024, registered under Sections 148, 149, 285, 323, 427, 506 of IPC and Sections 3(1)(r), 3(1)(s), 3(1)(u) and 3(2)(va) of SC/ST Act at Police Station Hassanpur, District Palwal, had been dismissed.
2. Brief facts relevant for the purpose of disposal of this appeal are that the aforementioned FIR has been registered on 19.04.2024 on the basis of a written complaint filed by the complainant Satveer alleging therein that he belonged to schedule caste community. It was alleged that there was a fight with the accused persons, about which, he had made a complaint to the police station but the matter was compromised with the intervention of
Anticipatory bail can be granted if no prima facie case is established under the SC/ST Act, as per the ruling in Dr. Subhash Kashinath Mahajan v. State of Maharashtra.
The SC/ST Act bars anticipatory bail when prima facie offences are established, emphasizing the protection of individuals from caste-based discrimination.
The court established that allegations under the SC/ST Act require evidence of public view humiliation, which was not present in this case.
The court may grant anticipatory bail under the SC/ST Act if the allegations against the accused are not substantiated and prior complaints exist.
The main legal point established is that the bar on anticipatory bail under the SCST Act does not apply if no prima facie case is made out, and the court has the inherent power to grant pre-arrest ba....
Anticipatory bail may be granted when allegations do not prima facie indicate offences under the SC/ST Act.
The court established that anticipatory bail can be granted if no prima facie case exists under the SC/ST Act, based on judicial discretion and the specifics of the case.
The court established that anticipatory bail cannot be granted if prima facie evidence of offences under the SC/ST (POA) Act exists against the appellants.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
Listen Article