Jammu Kashmir & Ladakh High Court Grants Pre-Arrest Bail to DDC Member in Doda Assault Case; Questions SC/ST Act Applicability

Jammu Kashmir & Ladakh High Court Grants Pre-Arrest Bail to DDC Member in Doda Assault Case; Questions SC/ST Act Applicability

SRINAGAR: The High Court of Jammu Kashmir and Ladakh has granted pre-arrest bail to a District Development Council member in a case involving allegations of assault and caste-based abuse during a public function in Doda, holding that the essential ingredients of offences under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act were not prima facie established.

The order was passed by Justice Rajesh Sekhri while allowing a petition filed by Santosha Devi, who had challenged the rejection of her anticipatory bail plea by a trial court in Bhaderwah.

According to the prosecution, the case stemmed from an incident on January 8, 2026, during the inauguration of a road at Kastigarh in Doda district. The complainant alleged that the petitioner, along with her sons and supporters, assaulted him and others at the venue, causing injuries and disruption. It was further alleged that the petitioner used a sharp-edged object and hurled a caste-based slur at the complainant, who belongs to the Megh community, a Scheduled Caste.

An FIR was subsequently registered at Police Station Doda under relevant provisions of the Bharatiya Nyaya Sanhita and Sections 3(1)(r) and 3(1)(s) of the SC/ST Act. The trial court had rejected the petitioner’s plea for anticipatory bail, observing that the alleged utterance of a derogatory term in public view prima facie attracted the provisions of the Act.

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Before the High Court, the petitioner argued that the term attributed to her did not constitute a caste-based slur and that the complaint was motivated by political rivalry. The respondents opposed the plea, citing statutory restrictions on anticipatory bail under the SC/ST Act and relying on witness statements and electronic evidence collected during investigation.

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After hearing both sides, the High Court examined the material on record, including video footage and statements. The court observed that while the recordings indicated a scuffle, there was no clear or audible evidence to establish that caste-based abuse had been made. It also noted that disputed questions regarding the meaning and context of the alleged word could only be determined during trial and not at the stage of bail.

Referring to settled legal principles, the court held that anticipatory bail can be considered if a prima facie case under the SC/ST Act is not disclosed from the complaint or FIR. It concluded that, in the present case, the threshold for invoking the bar on pre-arrest bail was not met, though other offences under general criminal law may still apply.

Accordingly, the court directed that the petitioner be released on bail in the event of arrest upon furnishing a bond of Rs 25,000, subject to conditions including cooperation with the investigation, non-interference with evidence, and restriction on movement without permission of the trial court.

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The court clarified that its observations were limited to the consideration of the bail plea and would not affect the merits of the case during trial.