Anticipatory Bail and the Statutory Bar Under Section 18 of the SC/ST Act: Interpreting Public View and In Chorus Allegations

sketch of the Bombay High Court
Case
KISAN S/O SUKHDEO SHIRALE AND ANR v. STATE OF MAHARASHTRA THR PSO., PS CHIKHALI TAH. CHIKHALI DIST. BULDHANA AND ANR (Bombay High Court, 08-09-2026)
Law
Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, Bharatiya Nyaya Sanhita, Code of Criminal Procedure.

Highlights of the Judgment:

  • Examination of the statutory bar under Section 18 of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, regarding anticipatory bail.
  • Interpretation of the mandatory requirement of public view for offences involving casteist slurs under Section 3 of the Atrocities Act.
  • Legal scrutiny of in chorus allegations of abuse and their evidentiary implausibility in criminal complaints.
  • Application of Section 438 of the Code of Criminal Procedure, 1973, in conjunction with special criminal legislations.
  • Review of judicial precedents concerning prima facie evaluation of FIRs to determine the applicability of statutory bars.