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Judgment
10 paragraphs · 377 wordsGajendra Singh, J
This criminal appeal under Section 14A(2) of SC/ST (Prevention of Atrocities) Act, 1989 has been preferred being aggrieved by the Judgment dated 11.03.2026 in BA No.442/2026 by Special Judge, Alirajpur in a case arising out of Crime No.533/2025 for the offence under Sections 137(2), 87 of the BNS and Section 3(2)(va) of the SC/ST Act, whereby the bail application has been rejected.
Challenging the impugned order this criminal appeal has been preferred on the ground that the appellant is innocent and he has falsely been implicated in the present case. From the statements of witnesses examined in the case, no case is made out against him.Conclusion of trial is likely to take sufficiently long time & if appellant is not released on bail he shall suffer in defense.
Heard.
Counsel for the respondent/State has opposed the appeal and prayed for dismissal of the same.
Perused the record.
Considering the statement of the victim as well as the fact that the child was aged about 17 and a half years and the appellant/accused was also 19 years old and without commenting on the merit of the case, the appeal is allowed and the impugned order is set aside and the appellant is directed to be released on bail subject to his furnishing personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand Only) with one 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.
Apart from that, the appellant shall not come in contact with the victim/prosecutrix physically or through any other mode of communication, including social media platforms. The appellant shall also not visit, enter, or be present in or around the area/locality where the victim resides. In case of any violation of these conditions, the trial court shall be at liberty to cancel the bail without reference to this Court.
Copy of this order be forwarded to the victim in the light of the judgment in the case of Aparna Bhatt Vs. State of M.P. - AIR 2021 SC 1492.
C.C. as per rules.
