AIROnline 2025 SC 618

Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act (33 of 1989) , S.14(a)(2)— Criminal P.C. (2 of 1974) , S.439— Constitution of India , Art.136— Bail for offences under SC/ST Act – Cancellation of – Failure to hear victim – Offences under Ss.341, 323, 328, 376, 120B, 34 of IPC, Ss.3, 4 of Immoral Traffic (Prevention) Act and Ss.S.3(1)(w),3(2)(va) of SC/ST Act – Allegation that accused, while posted as Superintendent of Women Protection Home, misused her official position by administering intoxicating medicines and injections to prosecutrix and other female inmates, who were later subjected to sexual exploitation and mental torture – Victim was not impleaded as a party to the application for bail and hence, did not have the benefit of right of hearing as warranted by Section 15A(3) of the SC/ST Act – Allegations against accused were grave and reprehensible in nature – Grant of bail to person accused of such grave offences without assigning reasons shook the conscience of Court – Releasing accused on bail was bound to have an adverse effect on trial because there would be an imminent possibility of witnesses being threatened – Fact that accused was reinstated to the position of Superintendent of another protection home showed her clout and influence with the administration – Bail was cancelled in exercise of powers u/art 136 of the Constitution of India
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