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Kishore vs State Of M P And Others

Madhya Pradesh High Court · Decided on 29 April 2026 · Citation: (2026) 04 MP CK 1324

HON’BLE JUDGES
Gajendra Singh, J
ACTS & SECTIONS REFERRED
Scheduled Castes And The Scheduled Tribes (Prevention Of Atrocities) Act, 1989 — Section 3(1)(r), 3(1)(s), 3(2)(v), 3(2)(va), 14A(2) · Bharatiya Nagarik Suraksha Sanhita, 2023 — Section 483 · Bharatiya Nyaya Sanhita, 2023 — Section 3(5), 103(2), 115(2), 238(A), 296(B)
RESULT
Allowed
CASE NUMBER
Criminal Appeal No. 3936 Of 2026
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Judgment

6 paragraphs · 376 words

Gajendra Singh, J

1.

This criminal appeal under section 14A(2) of the SC & ST (POA) Act, 1989 is preferred against the order dated 25.04.2026 in BA No.1507/2026 by Special Judge, SC & ST (POA) Act, 1989 Indore, whereby the trial court has rejected the application filed under section 483 of the BNSS, 2023 by the appellant seeking temporary bail in connection with crime No.57/2026 registered at police station Tajaji Nagar, District Indore for the offence punishable under sections 103(2), 296(B), 115(2), 238(A) and 3(5) of the BNS and Section 3(2)(v), 3(1)(r), 3(1)(s) and 3(2)(v-a) of the SC/ST Act, 1989 has been rejected.

2.

The Trial Court rejected the application on the ground that the grandfather of the appellant/accused passed away on 21.04.2026 and the funeral was scheduled on 22.04.2026, therefore, there is no need to grant the temporary bail to the appellant.

3.

Learned counsel for the appellant submits that due to sad demise of Grandfather of appellant namely Late Shri Bhagirath Patidar who died on 21/04/2026. His last rites are to be performed by the appellant as he is the elder Grandson of the deceased. Appellant's father- Mahesh Patidar, who was the sole son of deceased- Bhagirath Ji had died on 19/06/2022. There is no one else to perform the social last rituals of his grandfather, therefore, the rituals and last rites of deceased are to be performed by appellant. The date for the social rituals of the same on 30/04/2026 and 03/05/2026. Hence, prays for grant of temporary bail.

4.

Factum of death of the grandfather has been verified and the death certificate (Annexure A-2) is also available with the record.

5.

In view of the above, the appeal is allowed and the appellant is directed to be released temporarily on bail for a period of ten days from the date of his release upon his furnishing personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand) with one surety in the like amount to the satisfaction of the trial court for his surrender before the trial court on the eleventh day of his release. Failure to surrender on the eleventh day of his release, the trial court shall take appropriate action against the appellant and his surety under intimation to this Court.