Himachal Pradesh High Court Denies Anticipatory Bail In SC/ST Act Case Driven By Caste Motive

Himachal Pradesh High Court Denies Anticipatory Bail In SC/ST Act Case Driven By Caste Motive

The Himachal Pradesh High Court declined anticipatory bail to an accused charged under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, finding a prima facie case of caste-based offences.

The Court noted that the allegations, if proved, involved casteist abuse, intimidation, and discriminatory demands, including the offering of a sacrificial goat for purification of the complainant’s house.

The Court held that custodial interrogation was essential to ascertain the facts and ensure proper enforcement of the special legislation. The Court, observing the gravity and caste-motivated nature of the conduct, held that the pre-arrest bail plea was barred under Section 18 of the Act.

[Pushpa Devi v State of Himachal Pradesh]

Read Order / 5 months ago

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