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MANISHA BATRA
Nirottam – Appellant
Versus
State of Haryana – Respondent
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 the police officials. However, when he reached home, after some time, 20 people armed with weapons like Ball
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.
Anticipatory bail may be granted under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act if no prima facie case is established from the allegations, particularly if they lack e....
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 court clarified that anticipatory bail under the SC/ST Act is maintainable only if a prima facie case is not established or allegations are found to be false, motivated, or malafide.
Anticipatory bail may be granted when allegations do not prima facie indicate offences under the SC/ST Act.
Anticipatory bail cannot be granted under the SC/ST (POA) Act if prima facie evidence exists, but prior disputes must be considered to prevent false implications.
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