Case Note & Summary
The case involved an appeal under Section 14-A of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989, against the rejection of regular bail by the Additional Sessions Judge, Darwha. The appellant, a 25-year-old labourer from the Banjara community, was accused in FIR No. 244 of 2026 for offences under the Bharatiya Nyaya Sanhita, 2023 (Sections 64(1), 65(1), 65(2), 78(2), 351(2), 351(3)), the Protection of Children from Sexual Offences Act, 2012 (Sections 4 and 6), and the SC/ST Act (Sections 3(1)(w)(i), 3(1)(w)(ii), 3(2)(va)). The victim, a Scheduled Caste girl aged 16 years and 3 months, was in a love relationship with the appellant. It was alleged that the appellant had sexual intercourse with her about 9 to 10 months prior to the FIR and later threatened her when she stopped communicating. The appellant was arrested on 18/04/2026 and remained in custody. The investigation was completed and a charge-sheet was filed. The respondent State opposed bail on the grounds that the appellant might tamper with evidence and commit similar offences. The appellant’s counsel relied on the decisions in Faizan Wahid Baig v. State of Maharashtra and Gorakshya Arjun Mahakal v. State of Maharashtra. The High Court noted the completion of investigation, the filing of the charge-sheet, and the period of custody. It held that the appellant had made out a prima facie case for bail and allowed the appeal, setting aside the lower court’s order. Bail was granted on a personal bond of Rs. 50,000 with two sureties and subject to conditions including non-contact with the victim, non-tampering with evidence, regular attendance in court, and providing the appellant’s address and mobile number. The court warned that breach of conditions could lead to cancellation of bail.
Headnote
A) Criminal Procedure - Bail - Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 14-A - Grant of Bail After Completion of Investigation - Where the accused had been in custody for over three months, the investigation was completed and the charge-sheet was filed, and considering the relationship between the parties, the court found a prima facie case for bail; directions for non-contact and non-tampering were imposed to ensure fair trial - Held, appeal allowed and bail granted on conditions (Paras 9-10).
Issue of Consideration
Whether the appellant is entitled to regular bail under Section 14-A of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989, considering the completion of investigation and filing of charge-sheet.
Final Decision
Appeal allowed; order rejecting bail quashed and set aside; appellant granted bail on executing a personal bond of Rs. 50,000 with two solvent sureties, and directed not to contact the victim or tamper with evidence, and to attend court regularly, among other conditions.
Law Points
- bail under Section 14-A of SC/ST Act
- factors for grant of bail – completion of investigation and filing of charge-sheet
- custody period
- prima facie case
- conditions to prevent tampering and ensure non-contact
