The SC/ST Act’s anticipatory-bail bar does not apply absent a prima facie offence.

On 4 December 2025, a dispute allegedly arose near Patel Nagar Road between the complainant and his mother, and the appellant, who operated a lassi shop. The complaint alleged that the appellant abused them by referring to their caste and assaulted them.

The case was initially registered against two accused; following investigation, proceedings against the second accused were dropped and the charge-sheet was filed against the appellant alone.

The Sessions Court rejected the appellant’s application for anticipatory bail, and he appealed under Section 14A(2) of the SC/ST (Prevention of Atrocities) Act.

Whether the material disclosed a prima facie case under the SC/ST (Prevention of Atrocities) Act, thereby attracting the bar on anticipatory bail under Sections 18 and 18A.

Whether the appellant had made out sufficient grounds for setting aside the Sessions Court’s order and obtaining anticipatory bail.

Sections 18 and 18A of the SC/ST (Prevention of Atrocities) Act bar anticipatory bail where the complaint and material disclose a prima facie offence under that Act; the bar does not operate where a prima facie case is not made out.

The Court relied on Prathviraj Chouhan v. Union of India, (2020) 4 SCC 727, for this principle.

The alleged offences included Section 115(2) of the Bharatiya Nyaya Sanhita, 2023, and Sections 3(1)(r) and 3(1)(s) of the SC/ST Act.

The Court considered the complaint and investigation material only to determine whether a prima facie case under the SC/ST Act attracted the statutory bar.

It concluded that the necessary ingredients of the Act’s offences were not prima facie established on the material before it; accordingly, Sections 18 and 18A did not preclude anticipatory bail.

The Court also noted that the investigation was complete and the charge-sheet had been filed, making custodial interrogation unnecessary at that stage.

Considering these circumstances and Prathviraj Chouhan, it found grounds to grant bail subject to conditions.

It directed that, in the event of arrest, the appellant be released on anticipatory bail on conditions including execution of a ₹1,00,000 personal bond with two sureties, surrender before the Investigating Officer within 15 days, cooperation with the investigation, and compliance with the other stated conditions.