Ajay Rathore vs State Of Madhya Pradesh And Others

Gajendra Singh, J

This criminal appeals under section 14A (2) of the SC & ST (Prevention of Atrocities) Act, 1989 is preferred being aggrieved by the order dated 29.10.2025 in B.A.No.1340/2025 by Special Judge, SC & ST (Prevention of Atrocities) Act, 1989 Dewas arising out of crime No.599/2024 registered at Police Station Civil Lines, District-Dewas (M.P.) for the offence punishable under Sections 296, 115(2), 118(1), 331(6), 351(2), 3(5) of the B.N.S., 2023 and under section 25 of the Arms Act, 1959 and under section 3(1)(r), 3(1)(s), 3(2)(va) and 3(2)(v) of the SC & ST (POA) Act, 1989.

The impugned order discloses that appellant was released on bail on 14.10.2024 and thereafter final report was prepared disclosing offence under the provision of SC & ST (Prevention of Atrocities) Act, 1989 on 27.10.2025. Appellant surrendered before the court and he was taken into custody. It is alleged that the appellant never misused the liberty of bail granted to them and surrendered before the trial court as he came to know about the provisions of SC & ST (Prevention of Atrocities) Act, 1989 made applicable.

Counsel for the appellant submits that the co-accused Chetan and Durgesh have been extended the benefit of bail vide order dated 14.11.2025 in CRA No.10904/2025 & CRA No.10786/2025. The case of the appellant has parity with the case of co-accused, hence prayed for release of the appellant on the ground of parity.

Counsel for the State has opposed the criminal appeal.

Counsel for the objector also opposed the criminal appeal.

Perused the record.

Final report discloses that a total four persons have been made accused in this case, Priya Chouhan, Chetan Raikwar, Bittu@ Durgesh and Ajay Rathore. Caste of Chetan is mentioned as Chamar in the final report and co-accused Priya is mentioned in arrest memo that she belongs to scheduled caste community.

Considering the above facts and circumstances of the case and on the ground of parity, the criminal appeal is allowed and the appellant Ajay Rathore is directed to be released on bail upon his furnishing personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand) with separate surety in the like amount to the satisfaction of the trial court for his appearance before that Court, as and when directed, during the pendency of trial and shall also abide by the conditions enumerated under section 480 (3) of the BNSS, 2023.