Case:- HITESH NAGJIBHAI PATEL vs BABABHAI NAGJIBHAI RABARI & ANR.
Citation:- 2025 INSC 1067
Date:- 01.09.2025
Supreme Court Bench:- Chief Justice of India B.R. Gavai, Justice K. Vinod Chandran and Justice N.V. Anjaria
The Hon’ble Supreme Court observed that a grant of anticipatory bail is impermissible under the SC/ST Act unless is prima facie shown that no offence under the Act is made out.
Key Takeaways:-
- The Hon’ble Supreme Court ruled that anticipatory bail (bail before arrest) is not allowed in cases under the SC/ST Act if caste-based atrocity is clearly shown in the complaint. Bail can be considered only when the FIR itself shows no caste offence at all.
- The Hon’ble Court clarified that judges must decide only from the FIR whether a prima facie case exists.
- The Courts cannot check evidence, conduct inquiries, or hold a mini-trial at the stage of anticipatory bail.
Final Rule: If FIR shows caste based insult or violence then anticipatory bail should not be granted. If FIR doesn’t show any caste offence then, The Court may grant bail.
