The Court clarified standards for granting bail under the SC/ST Act, emphasizing the necessity of specific allegations and conditions for release.

CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER

7 23-12-2025 Heard learned counsel for the appellants 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 30.09.2024 passed by the learned Additional Sessions Judge 1^st cum- Special Judge S.C & S.T. Act, Khagaria, in ABP No. 62 of for the offences punishable under Sections 3 41, 323, 379, 504, 506, 447 and 34 of the Indian Penal Code and Section 3 (i)(r)

(s)/3(2) (va) of the SC/ST Act, 2015.

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 case of the prosecution, in brief, is that on

12.06.2024, a tractor hit the wife of the informant due to which the milk spilled on the ground. Consequent thereto, the appellants along with other accused persons reached the house of the informant and started castist abuse and assaulted the informant and when the family members of the informant came to save him then they were also assaulted by the accused persons.

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 present case is counter no. 2 against the informant’s side for the offences punishable under Section 3 41, 323, 385, 307, 34 of the Indian Penal Code and Section 27 of the Arms Act. Learned counsel further submitted that there is no specific allegation against the appellants rather the allegation levelled against the appellants are general and omnibus in nature. It is next submitted that it would appear from the FIR that the incident took place at the door of the informant and not in a public view and as such, no offence under Section SC/ST Act is made out against the appellants in this case. Lastly, it is submitted that appellant no. 1 has three criminal cases against him and appellant nos. 2 & 3 have two criminal cases each against them.

6. Learned Special Public Prosecutor for the State vehemently opposed the prayer of 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 S.C & S.T. Act, Khagaria to the condition as laid down under Section 482 (2) of the Bharatiya Nagarik Suraksha Sanhita , 2023.

8. The impugned order dated 30.09.2024 passed in

2024 by the learned Additional Sessions Judge 1^st cum- Special Judge S.C & S.T. Act, Khagaria is hereby set aside.

9. The appeal stands allowed.

(Khatim Reza, J)