AIROnline 2025 SC 809

Criminal P.C. (2 of 1974) , S.438— Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act (33 of 1989) , S.3, S.18— Anticipatory bail – Legality of grant of – Offence of atrocities – High Court had granted anticipatory bail to accused in relation to FIR which included offences under Ss. 3(1)(o), 3(1)(r), 3(1)(s) and 3(1)(w)(i) of the SC/ST Act- S. 18 of the SC/ST Act expressly excludes applicability of S. 438, Cr.PC – However, it is settled law that where on the face of it offence u/S. 3 of the Act has not been made out , Court may exercise discretion to grant anticipatory bail – For finding a prima facie case, it is not permissible for the Court to travel into the evidentiary realm – Allegations in FIR showed that accused uttered abusive casteist words regarding complainant outside his house which was a place within public view – Complainant was beaten – Abusive uttrenaces were clearly made with intention to humiliate complainant for not having voted in favour of particular candidate – Offences under SC/ST Act were made out – High Court had erred in evaluating testimonies of witnesses and holding that no offence was made out – Anticipatory bail granted to accused was cancelled
AIROnline 2025 Bom 831-Reversed

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