Can anticipatory bale be allowed if sc/st atrocity case filed

888 votes

it depends upon the facts and circumstances of the case if the accused dont have any criminal back grounds and good character and also if there is any surety and confidence that showing there is no chance of fleeing and he is corporation with the investigation depends on it

Advocate Innamuri Balasubramanyam LawRato

978 votes

Hi
In general you can get anticipatory bail (only in the court where case is filed) if your lawyer can explain to the court that the SC/ST case is a false case depending on prima facie evidences

Prima facie evidences include
1) No Previous enmity against the complainant or his/her relatives.
2) You not being present in the vicinity of the offence
3) SC/ST case should be filed on certain cases. in general for other offences also police add SC/ST clause to deny bail. So depending on the offences mentioned in the FIR, we can get bail. So need to see the FIR.
Hope this information is useful

Advocate Rajagopalan LawRato

850 votes

It's hard to figure out . Depends on the averments of complaint and set of circumstances.
Unless FIR and complaint is seen I can not say the same. If facts favour the accused there is no bar to grant anticipatory bail

Advocate TSD Srinivas LawRato

588 votes

Hello,

When an offence is registered against a person under the provisions of SC/ST (Prevention of Atrocities) Act, 1989 Act, no court shall entertain application for anticipatory bail, unless the court prima facie finds that such an offence is not made out as Section 438 of the Code does not to apply to persons committing an offence under the SC/ST (Prevention of Atrocities) Act, 1989 as nothing in Section 438 of the Criminal Procedure Code shall apply in relation to any case involving the arrest of any person on an accusation of having committed an offence under SC/ST (Prevention of Atrocities) Act, 1989. If a false case SC/ST (Prevention of Atrocities) Act, 1989 is filed against any person, the best thing to do is to either surrender before the court and secure bail or secure bail upon arrest by the police if not surrendering before the court and face the trial when case comes to the court and prove himself/herself innocent. Feel free to contact me if you need any further clarification.

Advocate B. Srikiran LawRato