Counter-cases, no injury attributed to the appellant, and clean antecedents warrant anticipatory bail.

The case arose from an alleged altercation between neighbouring families over a bamboo. The prosecution alleged that the appellant and a co-accused abused the informant by caste name, and that the appellant struck the informant’s sister-in-law with a tangi, causing injury; other family members were also allegedly assaulted

The appellant denied the allegations, relying on the injury report, which recorded a small bruise and joint pain, a counter-case lodged by the co-accused, and the appellant’s clean antecedents

The Exclusive Special Judge, SC/ST (PoA) Act, Rohtas, rejected the appellant’s anticipatory-bail application. The appellant challenged that order under Section 14(A)(2) of the SC/ST (Prevention of Atrocities) Act, 1989

1. Whether the appellant was entitled to anticipatory bail in the circumstances of the case, including the alleged offences under the SC/ST (Prevention of Atrocities) Act

2. Whether the Special Judge’s order rejecting anticipatory bail should be set aside

Section 14(A)(2) of the SC/ST (Prevention of Atrocities) Act, 1989, provided the appellate route for challenging the Special Judge’s order

The alleged offences included Sections 3(1)(r), 3(1)(s), 3(1)(w) and 3(2)(va) of that Act, alongside the specified offences under the Bharatiya Nyaya Sanhita, 2023

The Court directed that bail be subject to the conditions in Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023, as well as additional conditions imposed by the Court

In assessing the request for anticipatory bail, the Court considered the competing versions and the existence of a counter-case, the absence of an injury attributed to the appellant, the possibility of false implication, and the appellant’s clean antecedents

On those combined circumstances, it granted the appellant protection from arrest, without determining the allegations at trial

It directed that, if arrested or if he surrendered before the court concerned within eight weeks, the appellant be released on bail on furnishing a bond of ₹10,000 with two sureties of the like amount, subject to the statutory and additional conditions. One bailor must be a close relative, and the appellant must attend each trial-court date when required