Anil Gurjar vs State Of Madhya Pradesh And Others

Pushpendra Yadav, J

The appellant has filed this criminal appeal under Section 14-A (2) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 being aggrieved by order dated 19.12.2025 passed by Special Judge, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, Shivpuri whereby bail application under Section 483 of BNSS of appellant has been dismissed.

Learned Counsel for the State submits that the victim has been informed about filing of this appeal in compliance with mandate of Section 15-A of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.

Appellant has been arrested on 16.11.2025 by the Police Station- Bairad District Shivpuri in connection with Crime No.404/2025, registered in relation to the offence punishable under Sections 137(2) of BNS and Section 3(2) (va) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act.

Learned Counsel for the appellant submits that appellant has falsely been implicated in the crime. The allegation against the appellant is that he has abducted the prosecutrix and taken her with him. It has also been submitted that the prosecutrix is major and she on her own violation went with the appellant without any protest. The prosecution has falsely registered the case under POCSO Act against the appellant. No case under the aforementioned sections is made out. He is in custody since 16.11.2025. Trial is likely to take long time to conclude. The appellant is ready and willing to abide by any conditions which may be imposed by the Court. On these grounds, he prays that the impugned order be set aside and appellant may be extended the benefit of bail.

5 . On the other hand, learned counsel for State opposed the appeal and prayed for its dismissal.

Heard the counsel for the parties and perused the case dairy.

Considering the facts and circumstances of the case and the fact that trial will take time, without commenting upon the merits of the case, this appeal stands allowed and it is directed that the appellant be released on bail on his furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand only) with one solvent surety in the like amount to the satisfaction of the concerned trial Court.

This order will remain operative subject to compliance of the following conditions by the appellant:-

The appellant will comply with all the terms and conditions of the bond executed by them;

The appellant will cooperate in the investigation/trial, as the case may be;

The appellant will not indulge himself in extending inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him/her from disclosing such facts to the Court or to the Police Officer, as the case may be;

4.The appellant shall not commit an offence similar to the offence of which the are accused;

5.The appellant will not seek unnecessary adjournments during the trial;

and

6.The appellant will not leave India without previous permission of the trial Court/Investigating Officer, as the case may be.

The appellant shall not move in the vicinity of victim and shall not be a source of embarrassment or harassment to her and her family members in any manner, otherwise benefit of grant of suspension of jail sentence shall stand cancelled automatically without any reference to the Court.

Appellant shall not try to contact the victim and her family members by himself, through somebody else or through any electronic device, otherwise, benefit of suspension of sentence shall be immediately withdrawn.

A copy of this order be sent to the Court concerned for compliance. C.C. as per rules.