Case Note & Summary
The case involved an appeal for anticipatory bail filed by the appellant, who was accused of circulating obscene videos of the informant, a married woman belonging to a Scheduled Caste, after she refused his sexual advances. The FIR was registered on 05/11/2025, citing multiple offences under the Bharatiya Nyaya Sanhita, 2023, the Information Technology Act, 2000, and the SC/ST Act, 1989. The appellant initially sought anticipatory bail, which was denied by the Trial Court, leading to this appeal. The appellant argued that merely circulating videos did not constitute an offence under the SC/ST Act, while the prosecution contended that the appellant's actions were motivated by the informant's caste and warranted custodial interrogation. The court noted that the appellant had been absconding since the registration of the crime, which was a significant factor against granting bail. The court referenced previous judgments, emphasizing that the circulation of objectionable material in public view fell within the ambit of the SC/ST Act. Ultimately, the court dismissed the appeal, affirming the Trial Court's decision and highlighting the necessity of the appellant's presence for evidence collection.
Headnote
A) Criminal Law - Anticipatory Bail - Bar under Section 18 of SC/ST Act - The court held that the appellant's actions of circulating objectionable videos of the informant, a member of the Scheduled Caste, constituted an offence under the SC/ST Act, thus creating a bar to anticipatory bail under Section 18 - The appellant's absconding status further justified the denial of bail - Held that the learned Trial Court's findings were upheld (Paras 15-20).
Issue of Consideration
Whether the appellant is entitled to anticipatory bail under the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989.
Final Decision
The appeal was dismissed, affirming the Trial Court's decision to deny anticipatory bail based on the appellant's absconding status and the nature of the offences.
Law Points
- Anticipatory bail
- Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act
- 1989
- Bharatiya Nyaya Sanhita
- 2023
- Information Technology Act
- 2000
- public view
- sexual offences
