Anticipatory bail granted where SC/ST Act allegations arise from land dispute and counter-case.

The appellant filed an appeal under Section 14(A)(2) of the SC/ST (PoA) Act against the dismissal of her anticipatory bail application by the Special Judge (SC/ST), Aurangabad

The prosecution alleged that the appellant and others entered the informant's house and assaulted her while using caste-based slurs

The appellant contended that the case was a retaliatory filing arising from a land dispute, evidenced by a counter-case (Rafiganj P.S. Case No. 311 of 2024) filed by the co-accused regarding an assault during fencing work

Despite valid service of notice, the informant (respondent no. 2) did not appear

1. Whether the appellant is entitled to the protection of anticipatory bail notwithstanding the bar under the SC/ST (PoA) Act in the context of a land dispute and counter-case

2. Whether specific allegations of intentional public humiliation based on caste were made against the female appellant to justify the denial of bail

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

Sections 3(1)(r), 3(1)(s), 3(1)(w), and 3(2)(va) of the SC/ST Act alongside Sections 3(5), 109, 115(2), 118(1), and 126(2) of the Bharatiya Nyaya Sanhita (BNS)

Conditions for bail as stipulated under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita (BNSS)

The court analyzed the genesis of the occurrence, noting that the dispute appeared to be a "scuffle and free fight" between two groups over land, rather than a premeditated attempt to humiliate the informant based on caste

It observed that the counter-case filed by the defense side supported the possibility that the present FIR was a defensive measure to "save their skin"

Specifically, the court noted that the appellant is a woman and that no specific allegations were found regarding her insulting the informant in a "public place," which is a requisite for certain SC/ST Act offenses

The court further noted that while the appellant had one antecedent under the SC/ST Act, she was already on bail in that matter

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