Anil@Rama Rao vs State Of Madhya Pradesh And Others

Gajendra Singh, J

This is repeat second criminal appeal filed under section 14A (2) of the Scheduled Caste & Scheduled Tribe (Prevention of Atrocities) Act, 1989 which is preferred by appellant being aggrieved by the order dated 05.03.2026 in B.A. No.62/2026 by Special Judge (SC & ST (POA) Act, Rajgarh (Biaora) arising out of crime No.79/2026 registered at P.S.- Rajgarh, District- Rajgarh (M.P.) for the offence punishable under sections 296(a), 115(2), 118(2), 351(3) and 3(5) of the BNS, 2023 and Sections 3(1)(r), 3(1) (s) and 3(2)(v) of the SC/ST (Prevention of Atrocities) Act, 1989, whereby the application for bail filed on behalf of the appellant- Anil@Rama Rao apprehended on 07.02.2025 has been rejected.

Facts of the case in brief are that Crime No.79/2026 was registered at Police Station Rajgarh against the appellant and co-accused Rodibai and Deepak Rao for causing injuries to Nandkishore, Kamal, Shankar sons of Chotelal, Chotelal and Kalabai W/o Chotelal belonging to Scheduled Caste community on 06.02.2026 at about 09:0 PM only on asking from Anil Rao why he had pelted stone on the home of Nandkishore. The specific allegation against the appellant is that he cause injury by sword and the injuries to Nandkishore resulted in amputation of his ring finger.

First criminal appeal of the appellant was dismissed vide order dated 25.03.2026 in Criminal Appeal No.2416/2026.

Learned counsel for the appellant submit that after rejection of first criminal appeal now the witnesses Nand Kishore Jatav examined as PW-1 and Kamal Jatav examined as PW-2 and both the witnesses have not supported the case of the prosecution. Hence, prayer is made for release of appellant on bail.

Counsel for the respondent/State has opposed this criminal appeal and prayed for dismissal of the same.

In the light of the above change in circumstances, this Court is inclined to allow the appeal filed by the appellant. Consequently, by setting aside the impugned order of the Trial Court, the appeal is hereby allowed, without commenting anything on the merits of the matter. It is directed that the appellant shall be released on bail upon executing a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand only) with solvent surety in the like amount to the satisfaction of the Trial Court for his regular presence during trial and shall also abide by the conditions enumerated under Section 437 (3) of Cr.P.C./ 480(3) of BNSS. This order shall be effective till the end of the trial, however, in case of bail jump, it shall become ineffective.

Certified copy, as per Rules.