Anticipatory bail after charge-sheet under the SC/ST Act may be considered only when the prosecution case fails legal scrutiny.

Anticipatory bail after filing of the charge-sheet and taking of cognizance in an SC/ST Act prosecution may still be considered in appropriate cases, but only where the record shows that the prosecution case cannot withstand legal scrutiny. The Court stressed that investigation must remain fair, unbiased and aimed at discovering the truth, while balancing the rights of the accused and the informant. On the stated facts, the investigation materials supported allegations of caste-based abuses in public view and intimidation, so the ingredients of the alleged offence were made out and anticipatory bail was not warranted.

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Issues: Whether anticipatory bail could be granted after submission of the charge-sheet and taking of cognizance in a case alleging offences under the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989.

Analysis: The Court examined the scope of anticipatory bail after filing of the charge-sheet and held that such relief may be considered in appropriate cases, but only where the materials on record disclose that the charge-sheet or the prosecution case cannot withstand legal scrutiny. The Court also emphasized that investigation must be fair, unbiased and directed towards discovering the truth, while balancing the rights of the accused and the informant. On the facts, the statements recorded during investigation supported the allegation that the applicant had used caste-based abuses in public view and had intimidated the informant, thereby making out the ingredients of the alleged offence.

Conclusion: Anticipatory bail was not warranted and the application was liable to be rejected.

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