Case Note & Summary
The appellant, Sohel Ali Aijaz Ali, filed a criminal appeal under Section 14(A) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, challenging the order dated 18/05/2026 passed by the learned Additional Sessions Judge, Khamgaon, in Anticipatory Bail Application No.168 of 2026, whereby his application for anticipatory bail was refused. The appellant sought enlargement on anticipatory bail in connection with Crime No.261 of 2026 registered at Shegaon City Police Station, District Buldhana, for offences punishable under Sections 296, 351(2) of the Bharatiya Nyaya Sanhita, 2023, read with Sections 3(1)(r), 3(1)(s), and 3(2)(va) of the SC/ST Act. The factual background reveals that on 24/04/2026, respondent No.2/informant lodged a report alleging that on 15/04/2026, one Sheikh Akbar Sheikh Imam called him to a furniture shop at Watika square. When the informant visited, the appellant, his younger brother, parents, and sister-in-law were present. It was alleged that Sheikh Akbar told the appellant to treat his daughter properly and discontinue his relationship with her. The appellant allegedly became angry and abused the informant with caste-related words, threatening him with dire consequences. The appellant contended that the allegations were false and motivated by a personal family dispute, and that there was no prima facie case under the SC/ST Act as the alleged incident did not occur in public view and lacked intent to humiliate on caste grounds. The State and respondent No.2 opposed the bail, arguing that the bar under Section 18 of the SC/ST Act applied. The court, after hearing submissions and perusing the record, observed that the incident arose from a personal dispute regarding the appellant's daughter, and there was no material to show that the appellant intended to humiliate the informant on the basis of caste. The court held that the bar under Section 18 of the SC/ST Act is not attracted when the allegations do not prima facie disclose an offence under the Act. Consequently, the court allowed the appeal, set aside the impugned order, and granted anticipatory bail to the appellant on certain conditions.
Headnote
A) Criminal Procedure - Anticipatory Bail - Section 14(A) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 - Prima Facie Case - The court considered whether the bar under Section 18 of the Act applies when the allegations do not prima facie disclose an offence under the Act. Held that where the allegations are motivated by a personal dispute and lack intent to humiliate on caste grounds, the bar is not attracted and anticipatory bail can be granted (Paras 6-8). B) Scheduled Castes and Scheduled Tribes - Offence under Sections 3(1)(r), 3(1)(s), 3(2)(va) - Intent to Humiliate - The court examined whether the alleged abusive words were uttered with intent to humiliate the informant on the ground of caste. Held that the incident arose from a personal family dispute regarding treatment of the appellant's daughter, and there was no material to show that the appellant intended to humiliate the informant on caste basis (Paras 5-7). C) Criminal Procedure - Anticipatory Bail - Section 438 of Code of Criminal Procedure, 1973 - Applicability to SC/ST Act - The court noted that the bar under Section 18 of the SC/ST Act applies only if a prima facie case under the Act is made out. Since the allegations did not disclose such a case, the appellant was entitled to anticipatory bail under Section 438 CrPC (Paras 6-8).
Issue of Consideration
Whether the appellant is entitled to anticipatory bail under Section 14(A) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, when the allegations prima facie do not disclose any intent to humiliate the informant on the ground of caste.
Final Decision
The appeal is allowed. The impugned order dated 18/05/2026 passed by the learned Additional Sessions Judge, Khamgaon, in Anticipatory Bail Application No.168 of 2026 is set aside. The appellant is directed to be released on anticipatory bail in connection with Crime No.261 of 2026 registered with Shegaon City Police Station, District Buldhana, on executing a PR bond of Rs.25,000/- with one or two sureties in the like amount, subject to certain conditions.
Law Points
- Anticipatory bail under Section 14(A) of SC/ST Act
- Prima facie case requirement
- Bar under Section 18 of SC/ST Act
- Intent to humiliate on caste basis
- Personal dispute vs caste-based offence
