Anticipatory Bail Granted Where SC/ST Act Allegations Appear Improbable and Lack Prima Facie Material

The appellants, Vashudev Bind and Dharmveer Bind, filed an appeal under Section 14(A)(2) of the SC/ST Act against a lower court order dated 22.11.2025, which refused their prayer for anticipatory bail.

The prosecution alleged that the appellants interrupted a Panchayat meeting conducted by the informant (a Sarpanch) and the Mukhiya, used caste-based slurs, and threatened them with assault.

The appellants contended that the case was a concocted retaliation because they had opposed illegalities in the implementation of the "Nali-Gali Yojna" by the local officials.

1. Whether the appellants are entitled to anticipatory bail notwithstanding the bar under the SC/ST (Prevention of Atrocities) Act.

2. Whether the prosecution established a prima facie case under Sections 3(1)(r) and 3(1)(s) of the SC/ST Act to justify the denial of pre-arrest bail.

Section 14(A)(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, regarding appeals against bail orders.

Substantive offenses under Sections 126(2) (wrongful restraint), 352 (intentional insult), and 351(2) (criminal intimidation) read with 3(5) (joint liability) of the Bharatiya Nyaya Sanhita, 2023.

Sections 3(1)(r) and 3(1)(s) of the SC/ST Act which penalize intentional insult or intimidation in public view based on caste.

Procedural requirements for anticipatory bail enshrined in Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita (BNSS).

The Court observed that the FIR failed to establish a clear motive or reason why the appellants would suddenly abuse the Mukhiya or the informant.

The Court took note of the appellants' defense that the criminal proceedings were initiated to silence their opposition to local corruption in development works.

The Court found the nature of the accusations to be "improbable" and determined that there was an absence of material to satisfy a prima facie case under the SC/ST Act.

The Court emphasized the "clean antecedent" of the appellants as a factor favoring the grant of liberty.

It directed that in the event of arrest or surrender, the appellants be released on bail upon furnishing bonds of Rs. 10,000/- each with two sureties, subject to conditions under Section 482(2) of the BNSS.