Case Note & Summary
The case involves an appeal by Vitthal Ashokrao Zade and Dinesh Chatrapati Satpute against the order of the Additional Sessions Judge, Wardha, declining their regular bail in connection with Crime No.375/2025 registered at Police Station Sawangi (Meghe), District Wardha, for offences under Sections 117(2), 103(1) read with Section 3(5) of the Bharatiya Nyaya Sanhita (BNS) and Sections 3(2)(v) and 3(2)(va) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 (SC/ST Act). The FIR was lodged by respondent No.2, Manda Ramlal Uike, alleging that on 30/04/2025, the appellants assaulted her minor son Mohan with fists and blows, causing him to fall on a cement road. The informant claimed that the appellants used caste-based abusive language, but the FIR did not specify the exact words. The appellants argued that the allegations were false and that there was no prima facie case under the SC/ST Act as the incident arose from a sudden quarrel without caste-based intent. The State opposed bail citing the bar under Section 18 of the SC/ST Act. The court analyzed the FIR and found that it lacked specific allegations of caste-based insult or intent, and the victim's injury was simple. The court held that the bar under Section 18 is not attracted if no prima facie case is made out. Applying the triple test for bail, the court noted that the appellants are local residents with no criminal antecedents, the investigation is complete, and there is no risk of flight or tampering. The court allowed the appeal, set aside the impugned order, and granted bail to the appellants on certain conditions.
Headnote
A) Criminal Law - Bail - SC/ST Act - Prima Facie Case - Section 14-A SC/ST Act, Section 483 BNSS - The court considered whether a prima facie case exists against the appellants for offences under the SC/ST Act, noting that the FIR lacks specific allegations of caste-based insult or intent. Held that the bar under Section 18 of the SC/ST Act is not attracted if no prima facie case is made out, and bail can be granted on merits (Paras 1-10). B) Criminal Law - Bail - Triple Test - Section 439 CrPC - The court applied the triple test for bail: flight risk, tampering with evidence, and influencing witnesses. Held that the appellants are local residents with no criminal antecedents, and the investigation is complete, thus they are entitled to bail (Paras 11-15).
Issue of Consideration
Whether the appellants are entitled to regular bail under Section 14-A of the SC/ST Act read with Section 483 of BNSS, considering the bar under Section 18 of the SC/ST Act and the merits of the case.
Final Decision
Appeal allowed. Impugned order dated 14/05/2026 set aside. Appellants directed to be released on bail on executing PR bond of Rs.25,000/- each with one solvent surety, subject to conditions including not tampering with evidence, not influencing witnesses, and attending trial regularly.
Law Points
- Bail
- SC/ST Act
- Prima Facie Case
- Section 14-A SC/ST Act
- Section 483 BNSS
- Section 439 CrPC
- Triple Test
- Caste-Based Intent
