The absence of specific allegations undermines the application of SC/ST Act provisions for bail denial.

CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER

4 29-01-2026 Despite valid service of notice, no one appears on behalf of the respondent no. 2.

2. Heard learned counsel for the appellant and learned Special P.P. for of the State.

3. This appeal has been filed against the order dated

15.09.2025 passed by learned 1^st ADJ cum Special Judge, 578 of 2024, registered under Sections 191(2), 191(3), 190, 126(2), 115 (2), 118(1), 117(2), 109, 132, 111 of the BNS and Section 3 (i)(d), 3(i)(dh) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act (for short “SC/ST Act”), whereby the prayer for bail of appellant has been rejected.

4. As per prosecution case, it is alleged that this appellant along with other accused persons attacked police officials and caused injuries while they were conducting raid.

5. Learned counsel for the appellant submits that there is general and omnibus allegation levelled against the appellant. No specific allegation of overt act has been attributed to the appellant. From perusal of F.I.R., there is no allegation of abuse taking caste name. Accordingly, no case of SC/ST Act is made out against the appellant. In this case, charge has already been framed. The appellant is in custody since 15.09.2025, having no criminal antecedent.

6. Learned Spl. Public Prosecutor for the State opposed the appeal of the appellant.

7. However, considering the aforesaid facts and circumstances as well as period of custody and clean antecedent, the impugned order dated 15.09.2025 is, hereby, set aside and this criminal appeal is allowed.

8. Let the appellant, as named above, be released on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned 1^st ADJ cum Special Judge, SC/ST Act, Araria, in (Prabhat Kumar Singh, J)

khushbu/- U T