The Supreme Court has granted interim protection from arrest to a man accused of assaulting and molesting a woman on a Delhi flyover in a case involving serious allegations under the SC/ST Act, while directing him to cooperate with the ongoing investigation.
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NEW DELHI: The Supreme Court of India has granted interim protection from arrest to Virender Singh Bidhuri in a case arising out of FIR No. 386/2025 registered at Police Station Badarpur, Delhi. The case involves serious allegations under the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 and Sections 3(1)(r), 3(1)(s) and 3(1)(w-ii) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (SC/ST Act).
A Bench comprising Justice M.M. Sundresh and Justice Satish Chandra Sharma issued notice in Bidhuri’s petition challenging the Delhi High Court’s refusal to grant him anticipatory bail. The Supreme Court directed that a counter affidavit be filed within two weeks and, in the meantime, ordered that the petitioner shall not be arrested, subject to the condition that he continuously cooperates with the investigation.
Background of the Case
Virender Singh Bidhuri approached the Supreme Court after the Delhi High Court dismissed his petition seeking anticipatory bail. The High Court had held that a prima facie case under the SC/ST Act was made out, thereby attracting the statutory bar under Section 18 of the Act, which restricts the grant of anticipatory bail.
According to the FIR, the complainant had been working as an Assistant Manager at Batra Hospital, Faridabad, for about two months and came into contact with Bidhuri during this period. The alleged incident occurred on 30 July 2025 while the complainant was returning from the hospital.
As per the complainant’s allegations:
- Bidhuri allegedly stopped her vehicle while she was returning from work.
- At the Badarpur Flyover, he overtook and stopped her car.
- The complainant alleged that Bidhuri broke the car window, forcibly pulled her out, physically assaulted and molested her.
- It was further alleged that he used caste-based derogatory remarks and threatened her with consequences if she reported the incident to the police. His statement:
“Chamaran tune aaj meri shikayat karke acha nahi kiya, aaj tujhe iska bhugtan karna padega”
- During the alleged assault, she fell on the road, was dragged by her collar, and was molested by pressing her breast, after which the accused fled the scene.
The complainant also produced a pen drive containing a video of the place of the incident recorded on her mobile phone. Additionally, she submitted caste certificates of her husband and father, along with her marriage card and marriage certificate.
As per the documents, her husband belongs to the ‘Jatav’ caste and her father belongs to the ‘Khatik’ caste, both recognized as Scheduled Castes.
Delhi High Court’s Findings
While dismissing Bidhuri’s anticipatory bail plea, the Delhi High Court recorded that the alleged incident took place on a road and a flyover, which could be viewed by the general public. The Court relied on the complainant’s statement under Section 183 of the Bharatiya Nyaya Sanhita (BNS), wherein she stated that many public persons were present at the spot.
Even though no independent public witnesses had been traced at that stage, the High Court held that the location of the incident qualified as a “place within public view.” On this basis, the Court concluded that the essential ingredients of offences under Section 3 of the SC/ST Act were prima facie satisfied.
The High Court further held that once a prima facie case under the SC/ST Act is made out, the statutory bar under Section 18 of the Act applies, thereby prohibiting the grant of anticipatory bail.
Supreme Court’s Interim Relief
Despite the High Court’s findings, the Supreme Court has now granted interim protection to Bidhuri by directing that he shall not be arrested during the pendency of the proceedings, provided he cooperates with the investigation. The matter will be considered further after the filing of the counter-affidavit.
ALSO READ: Caste-Based Abuse Over Phone Does Not Attract SC/ST Act: Calcutta High Court
Case Title:
VIRENDRA SINGH BIDURI vs. STATE (NCT OF DELHI) & ANR.
SLP (Crl.) No(s). 19166/2025
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