The High Court granted bail under SC/ST Act due to insufficient grounds against appellants.

CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER

6 23-12-2025 Heard learned counsel for the appellant and learned Special Public Prosecutor for the State.

2. This is an appeal under Section 14 A (2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act , 1989 (hereinafter referred to as the “SC/ST Act”) against the refusal of prayer for bail vide order dated 12.12.2024 passed by the learned Additional Sessions Judge- 1^st -cum- Special Judge, Kishanganj in Bishanpur P.S. Case No. 16 of 2024 registered for the offences punishable under Sections 126 (2), 115(2), 74, 76, 117(2), 109(1), 3(5) of Bharatiya Nyaya Sanhita , 2023 and Section 3 (i)(r)(s)/3(2) (va) of the SC/ST Act.

3. Earlier, notice was issued to the respondent no. 2 but no one appeared on behalf of the respondent no. 2 even after valid service of notice.

4. The allegation against the petitioners is that the accused appellants assaulted and abused the informant with caste related remarks.

5. Learned counsel for the appellants submitted that appellants are innocent and they have been falsely implicated in this case. It is further submitted that the informant and the appellants are resident of same village and due to some land dispute, the present false and fabricated case has been lodged against the appellants. It is next submitted that the doctor opined that the injury sustained by the informant’s side is simple in nature. Learned counsel further submitted that the occurrence took place on 23.09.2024 but the FIR was lodged on 26.09.2024 i.e. after a delay of 3 days without any plausible explanation. Lastly, it is submitted that appellants have no criminal antecedents.

6. Learned Special Public Prosecutor for the State vehemently opposed the prayer of the appellants and submitted that there is direct allegation against the appellants.

7. Having considered the facts and circumstances of the case, let the above named appellants, be released on bail, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, upon furnishing bail bond of Rs. 10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge- 1^st -cum- Special Judge, Kishanganj, in connection with Bishanpur P.S. Case No. 16 of 2024, subject to the condition as laid down under Section 482 (2) of the Bharatiya Nagarik Suraksha Sanhita , 2023.

8. The impugned order dated 12.12.2024 passed in Bishanpur P.S. Case No. 16 of 2024 by the learned Additional Sessions Judge- 1^st -cum- Special Judge, Kishanganj is hereby set aside.

9. The appeal stands allowed.

(Khatim Reza, J)