Lakhan Singh And Others vs State Of Madhya Pradesh And Others

Ashish Shroti, J

The appellants have filed this first criminal appeal under Section 14-A (2) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 being aggrieved by order dated 18/12/2025 passed by Special Judge, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, Datia, whereby bail application under Section 483 of BNSS of appellants 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.

Appellants have been arrested on 12-13/12/2025 by the Police Station- Dirolipar, District-Datia (M.P.) in connection with Crime No.76/2025 registered in relation to the offence punishable under Sections 309(6), 132, 296, 115(2), 191(2), 193(3), 190, 351(3), 310(2) of BNS and Sections 3(1)(r)&(s) and 3(2)(v) of the SC/ST Act and Sections 11/13 of the MPDVPK Act.

Learned counsel for the appellants submits that appellants are innocent and they have falsely been implicated in the case. They have not committed any offence. In fact, FIR bearing Crime No.74/2025 registered at Police Station- Dipar, District- Datia has been lodged by the co-accused-Ravi Batham on 23/10/2025 against the complainant party for the offence punishable under Sections 126(2), 296, 115(2), 351(2), 3(5) of BNS. The complainant party thereafter, just to save themselves in collusion with police personnel, have falsely implicated the appellants by lodging the present report. It is also submitted that the co-accused persons namely- Kadare @ Kadore Batham, Deepu Batham and others, Radheshyam @ Rabude Batham, Anil Batham, Ramniwas, Maan Singh Batham, Smt. Kiran Manjhi have already been enlarged on bail by this Court vide orders dated 20/11/2025, 25/11/2025, 27/11/2025, 11/12/2025, 11/12/2025, 11/12/2025 and 25/12/2025 passed in Criminal Appeal Nos.11096/2025, 11178/2025, 11388/2025, 11807/2025, 11808/2025, 11838/2025 and 11095/2025 respectively and the appellants seek parity with the said co-accused persons. The appellants no.1 and 2 are in custody since 12/12/2025 & 13/12/2025 respectively and there is no likelihood of their absconsion or tampering with the evidence. The appellants are ready to abide by all the terms and conditions as may be imposed by this Court. On these grounds, he prays that the impugned order be set-aside and the appellants be extended the benefit of bail.

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

Considering the facts and circumstances of the case as well as the fact that the co-accused persons have already been enlarged on bail by this Court and the case of the appellants is akin to the said co-accused persons, without commenting upon the merits of the case, this appeal stands allowed and it is directed that the appellants be released on bail on their furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand Only) each with one solvent surety each of 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 appellants:-

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

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

The appellants will not indulge themselves 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;

The appellants shall not commit an offence similar to the offence of which they are accused;

The appellants will not seek unnecessary adjournments during the trial; and

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

A copy of this order be sent to the Court concerned for compliance.

C.C. as per rules.