Anticipatory bail granted as allegations under the Atrocity Act were not substantiated, and the bar under Section 18 was deemed inapplicable.

ORDER :

Registry to accept vakalatnama of learned advocate Mr. Devansh Kakkad, who has instructions to appear for the original complainant.

1. RULE. Learned APP Mr. Dhawan Jayswal waives service of notice of Rule on behalf of respondent No.1 – State of Gujarat.

2. Present appeal under Section 14-A of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989 (hereinafter referred to as “Atrocity Act”) challenging the order dated 17.12.2024 passed by the learned Additional Sessions Judge, Court No.16 (Sp. Atrocity Court), City Civil Court, Ahmedabad in Criminal Misc. Application No.9218 of 2024 whereby the learned Judge rejected the application filed by the present appellant under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (For short “BNSS”) seeking anticipatory bail in connection with FIR being C.R. No.11191024240891 of 2024 registered with Ramol Police Station, Ahmedabad City for the offences punishable under Sections 118(1), 296(b) and 54 of the Bharatiya Nyaya Sanhita, 2023 (For short “BNS”) and section 3(2)(v-a) of the Scheduled Caste and Scheduled Tribe (Prevention Atrocities) Act.

3. Learned advocate for the appellant submitted that the appellant is a lady and has been falsely involved in the offence. Further, no offence under the Atrocity Act is made out and present appellant is the wife of accused No.1 and only therefore, she alongwith all family members has been implicated in the offence. The appellant has not made any assault and not hurled any castiest slur against the complainant. Even otherwise, the injured has been discharged from the hospital and no custodial interrogation is required. Therefore, looking to the role of the appellant and nature of the allegations, the appellant is required to be granted anticipatory bail by imposing suitable terms and conditions.

4. Per contra, learned APP appearing for the respondent – State and learned advocate Mr. Devansh Kakkad appearing for the original complainant have vehemently opposed the present appeal and stated that there is no provision to entertain an appeal seeking anticipatory bail and hence, he has requested to dismiss the present appeal on the ground that accused No.1 i.e. husband of appellant is yet to be arrested and there is bar under Section 18 of the Atrocity Act and therefore also, the present offence being serious one, he has requested to dismiss the present appeal.

5. Having heard the learned advocate for the parties and perusing the investigation papers, it is equally incumbent upon the Court to exercise its discretion judiciously, cautiously and strictly in compliance with the basic principles laid down in a plethora of decisions of the Hon’ble Apex Court on the point. It is well settled that, among other circumstances, the factors to be borne in mind while considering an application for bail are (i) whether there is any prima facie or reasonable ground to believe that the accused had committed the offence; (ii) nature and gravity of the accusation; (iii) severity of the punishment in the event of conviction; (iv) danger of the accused absconding or fleeing, if released on bail; (v) character, behaviour, means, position and standing of the accused; (vi) likelihood of the offence being repeated; (vii) reasonable apprehension of the witnesses being influenced; and (viii) danger, of course, of justice being thwarted by grant of bail. Though at the stage of granting bail an elaborate examination of evidence and detailed reasons touching the merit of the case, which may prejudice the accused, should be avoided.

6. Having considered the fact that the appellant is a lady and the allegation is that alongwith her accused persons assaulted the wife and son of the complainant and in aid of section 3(2)(v-a) of the Atrocity Act, present appellant is arraigned as an accused however, merely because the complainant belongs to scheduled caste, provision of section 3(2)(v-a) of the Atrocity Act has been invoked however, there is no any alle