The court determined that lack of specific allegations and absence of eyewitnesses warranted the granting of bail to the appellant.

CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER

4 23-12-2025 Heard learned counsel for the appellant, learned Special Public Prosecutor for the State and learned counsel for the respondent no. 2 are present.

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 XVII-cum-Spl. Judge SC/ST Act, Sasaram, Rohtas arising out of Tilauthu P.S. Case No. 379 of 2024 registered for the offences punishable under Section s 126 (2), 115(2), 74, 352, 351(2) and 3(5) of Bharatiya Nyaya Sanhita, 2023 and Section s 3 (1)(r), 3(1)(s), 3(2)(va), 3(1)(w)(i) of SC/ST Act.

3. The case of the prosecution, in brief, is that the informant’s brother came through motorcycle to receive the informant, who was coming from her college. While her brother stopped his motorcycle to leave the informant’s friend at Lohardih, in meanwhile, the appellant along with his syndicate came and started misbehaving with her brother and after asking caste name started pulling her dupatta and was followed by them to her house.

4. Learned counsel for the appellant submits that the appellant is innocent and has been falsely implicated in this case. It is submitted that there is no specific allegation against the appellant, rather, the allegation is general and omnibus. It is submitted that no such occurrence took place and the case has been fasely lodged against the appellant and others. It is further submitted that there is no injury report available on record and allegation against the appellant and others is that he they took caste name and started pulling the dupatta of the informant. Further, it is submitted that the aforesaid occurrence has not taken place in public place as there is no eye witness to the occurrence. Lastly, it is submitted the appellant has no criminal antecedents.

5. Learned Special Public Prosecutor for the State as well as learned counsel for the respondent no. 2 vehemently opposed the prayer of the appellant.

6. Having considered the facts and circumstances of the case, let the above named appellant, be released on bail, in the event of his 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-XVII-cum-Spl. Judge SC/ST Act, Sasaram, Rohtas arising out of Tilauthu P.S. Case No. 379 of 2024 subject to the condition as laid down under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.

7. The impugned order dated 24.01.2025 passed by SC/ST Act, Sasaram, Rohtas is hereby set aside.

8. The appeal stands allowed.

(Khatim Reza, J)