Ayan Khan vs State Of Madhya Pradesh And Others

Rajendra Kumar Vani, J

The appellant has filed this first criminal appeal under Section 14-A(1) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 being aggrieved by order dated 29.12.2025 passed in Bail Application No.1064/2025 by the Special Judge, SC/ST Act, District Damoh (M.P.), whereby his bail application filed under Section 483 of BNSS, 2023, has been rejected.

The appellant has been arrested on 10.10.2025 relating to FIR/Crime No.777/2025 registered at Police Station Kotwali, District Damoh (M.P.) for offences punishable under Sections 127 (3), 87, 64 (2) (m), 351(3), 49 of BNS, Section 3 (2) (v), 3 (2) (v-a), 3(1) (w) (i) of the SC/ST Act & Section 3, 181 of I.T. Act.

Learned counsel appearing on behalf of present appellant has submitted that the present appellant is in custody since 10.10.2025. The charge-sheet has already been filed. It is a case of consent. Though DNA report is positive, since it is a case of consent, therefore, DNA report looses its importance. As per the prosecution story, on 29.09.2025, the prosecutrix along with the present appellant had gone to Bhopal and remained there. It is also submitted that the prosecutrix did not oppose the present appellant nor she screamed and called anyone at the time when she was taken by the present appellant and thereafter in Bhopal also, there was no opposition by the prosecutrix when she remain stayed with the present appellant in the room. The appellant has been implicated falsely in the present case. The appellant is ready to comply with the conditions as may be imposed by this Court. The conclusion of trial will take considerable time. In view of the aforesaid submissions, it is prayed that the appellant may be released on bail.

4 . Per contra, learned counsel for the State has vehemently opposed the prayer of bail and prayed for rejection of appeal.

Heard learned counsel for the parties and perused the case diary.

Considering the submissions made by learned counsel for the parties and the attending facts and circumstances of the case, this Court is inclined to release the appellant on bail. Thus, without commenting on the merits of the case, the appeal is allowed and it is directed that the appellant be released on bail upon his furnishing a personal bond in the sum of Rs.70,000/- (Rupees Seventy Thousand Only) with one solvent surety in the like amount to the satisfaction of the concerned trial Court/Committal Court.

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

"i) The appellant will comply with all the terms and conditions of the bond executed by him;

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

iii) 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;

iv) The appellant will not commit an offence similar to the offence of which he is accused;

v) The appellant will not seek unnecessary adjournments during the trial;

vi) The appellant will not leave India without previous permission of the trial Court/Investigating Officer, as the case may be; and

vii) If any of the aforesaid conditions is violated, then this order shall loose its effect automatically."

Copy of this order be sent to the trial Court concerned for compliance by the Office of this Court.

Certified copy as per rules.