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Judgment
Rajendra Kumar Vani, J
The appellant has filed this second criminal appeal under Section 14-A of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 being aggrieved by order dated 16.09.2025 passed in BA No.2280/2025 passed by the Special Judge under the POA (S.C./S.T.) Act, Chhatarpur, MP whereby his bail application has been rejected. His first application, CRA No.9500/2025 was dismissed as withdrawn on 15.10.2025 with liberty to file it afresh after two months.
2 . The appellant has been arrested on 03.09.2025 relating to FIR/Crime No.337/2022 registered at police station - Bada Malhara, disrict - Chhatarpur for offences punishable under Sections 341, 294, 323 and 506 of the IPC and Sections 3 (1) (d, dha) and 3 (2) (v-a) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.
3 . It is submitted by learned counsel for the present appellant that the present appellant is in custody since 03.09.2025. Charge sheet has been filed. His first application, CRA No.9500/2025 was dismissed as withdrawn on 15.10.2025 with liberty to file it afresh after two months and, therefore, the present application has been filed. It is further contended that this is a case of bail jump. Earlier he was granted bail and as he could not appear on the date fixed by the trial Court on 04.03.2023 and thereafter police arrested him. It is also submitted that the present appellant could not appear on the date fixed because he went to earn his livelihood and he was not informed about the date fixed by the trial Court by his counsel. It is also contended that so far as 28 other criminal cases registered against the appellant are concerned, out of them, he has been acquitted in 14 cases and in other cases he has been falsely implicated. He is ready to comply with the stringent conditions as may be imposed by this Court. Therefore, it is prayed that the appellant may be granted benefit of bail.
4 . Per contra, learned counsel for the State has opposed the bail application/appeal and prayed for its rejection.
Heard learned counsel for the parties and perused the case diary.
Considering the submissions made by learned counsel for the parties and the entire facts and circumstances of the case, this Court is inclined to release the present appellant on bail. Thus, without commenting on the merits of the case, the appeal is allowed and it is directed that 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 shall 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.
vii) The appellant shall mark his presence before the concerned police station in every Saturday of the week till the conclusion of the trial.
viii) 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.