Rajasthan High Court - Jodhpur
Mange Ram vs State Of Rajasthan (2025:Rj-Jd:28739) on 3 July, 2025
Author: Nupur Bhati
Bench: Nupur Bhati
[2025:RJ-JD:28739]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Appeal (Sb) No. 1601/2025
Mange Ram S/o Data Ram, Aged About 42 Years, Resident Of
Village Jatan Tehsil Bhadra District Hanumangarh
----Appellant
Versus
1. State Of Rajasthan, Through Pp
2. Iswar Singh S/o Rup Ram, Resident Of Jatan Tehsil
Bhadra District Hanumangarh
----Respondents
For Appellant(s) : Mr. J.K. Suthar with
Mr. Shaitan Singh for
Mr. R.S. Choudhary
For Respondent(s) : Mr. Prem Singh Panwar, PP
HON'BLE DR. JUSTICE NUPUR BHATI
Order
03/07/2025
1. This appeal has been filed by the appellant under Section 14-
A(2) of the SC/ST (Prevention of Atrocities) Act, apprehending his
arrest in connection with F.I.R. No.151/2025 dated 31.03.2025,
registered at Police Station Bhadra, District Hanumangarh, for the
offences under Sections 115(2), 351(2) and 352 of the BNS and
Sections 3(1)(S), 3(2)(Va) of SC/ST (Prevention of Atrocities) Act.
2. The allegations levelled against the appellant is that on
31.03.2025 at around 5.36 PM, the complainant/respondent No.2
submitted a written report before the SHO Police Station Bhadra
alleging therein that the appellant when he was going to
Anupshahar from Village Jatan in a Barat procession, at that time,
the appellant, who was driving his motorcycle in a negligent
manner, hit the complainant on his thighs due to which, he
[2025:RJ-JD:28739] (2 of 4) [CRLAS-1601/2025]
sustained injury and due to the collision, complainant's mobile
phone got damaged. Angrily, the appellant got down from his bike,
slapped the complainant several times and hurled casteist
profanities while threatening to kill him next time, as he had
previous animosity with the complainant and thereafter, the
appellant fled away. Having apprehension of his arrest, the
appellant moved application under Section 482 BNSS before the
learned trial Court seeking the relief of anticipatory bail, which
was dismissed vide order dated 20.06.2025 and thus, being
aggrieved of the aforesaid, the instant appeal has been preferred
by the appellant.
3. Learned counsel for the appellant submits that the
complainant in the present case has received minor injuries and
all the offences except the offences under the SC/ST Act with
which, the appellant has been charged, are triable by the court of
Magistrate. He further submits that the instant FIR is a
counterblast to the earlier FIR No.150/2025, lodged by the
present petitioner against the complainant.
4. In support of his contentions, learned counsel for the
appellant places reliance upon the judgment passed by the
Hon'ble Supreme Court in the case of Prathvi Raj Chauhan v.
Union of India & Ors. : SCC 2020 (4) 727 and submits that
even in cases wherein the offences under the SC/ST Act have
been alleged, the Court has the power to grant anticipatory bail if
no prima facie case is made out under the SC/ST Act.
5. Per contra, learned Public Prosecutor opposes the appeal and
submits that the present case involves offences under the SC/ST
Act and thus, by virtue of Section 18 of SC/ST Act, anticipatory
[2025:RJ-JD:28739] (3 of 4) [CRLAS-1601/2025]
bail is not maintainable. He also submits that the FIR discloses
prima facie case that points towards commission of SC/ST Act as
the allegation levelled against the appellant is that he angrily
slapped the complainant on a road and hurled casteist profanities
to him.
6. Heard learned counsel for the parties as well as perused the
material available on record.
7. This Court finds it appropriate to refer to Section 18 of the
SC/ST Act, which is reproduced hereunder:
"18. Section 438 of the Code not to apply to
persons committing an offence under the Act.--
Nothing in section 438 of the Code shall apply in
relation to any case involving the arrest of any person
on an accusation of having committed an offence
under this Act."
8. This Court also finds it appropriate to refer to the judgment
passed by Hon'ble the Supreme Court in the case of Shajan
Skaria v. The State of Kerala and Ors. : AIR 2024 SC 4557,
wherein, pertinent observation has been made by the Hon'ble
Supreme Court regarding grant of anticipatory bail in cases
involving offences under the SC/ST Act. The relevant part of the
said judgment is reproduced hereunder:
"46. The aforesaid discussion indicates that the term
'arrest' appearing in the text of Section 18 of the Act,
1989 should be construed and understood in the larger
context of the powers of police to effect an arrest and
the restrictions imposed by the statute and the courts
on the exercise of such power. Seen thus, it can be
said that the bar Under Section 18 of the Act, 1989
would apply only to those cases where prima facie
materials exist pointing towards the commission of an
offence under the Act, 1989. We say so because it is
[2025:RJ-JD:28739] (4 of 4) [CRLAS-1601/2025]
only when a prima facie case is made out that the pre-
arrest requirements as stipulated Under Section 41 of
Code of Criminal Procedure could be said to be
satisfied.
iii. When can it be said that a prima facie case is made
out in a given FIR/complaint?"
47. Prima facie is a Latin term that translates to "at
first sight" or "based on first impression". The
expression "where no prima facie materials exist
warranting arrest in a complaint or FIR" should be
understood as "when based on first impression, no
offence is made out as shown in the FIR or the
complaint". This means that when the necessary
ingredients to constitute the offence under the Act,
1989 are not made out upon the reading of the
complaint, no case can be said to exist prima facie."
9. Upon perusal of the FIR and keeping in view the ratio of the
judgment aforesaid, this Court is of the opinion that prima facie
material exists to make out a case under the SC/ST Act and
therefore, the trial court has rightly dismissed the anticipatory bail
application of the appellant, as the same is not maintainable in
view of Section 18 of the SC/ST Act.
10. Accordingly, the instant appeal is dismissed on the ground of
non-maintainability.
(DR. NUPUR BHATI),J
268-/Devesh/-
Powered by TCPDF (www.tcpdf.org)
