Mohit vs State Of Madhya Pradesh

Gajendra Singh, J

This is first criminal appeal under section 14A (2) of the SC & ST (Prevention of Atrocities Act, 1989 is preferred being aggrieved by order dated 17.09.2025 in BA No.1145/2025 by the Special Judge, SC & ST (POA) Act, 1989 Dewas whereby the application filed under section 483 of the B.N.S.S., 2023 by the appellant who was apprehended on 07.08.2025 in connection with crime no.725/2025 registered at police station- Udhyogik Kshetra, District- Dewas (M.P.) for the offence punishable under sections 331(6), 115(2), 296, 351(3), 3(5), 351 of BNS and 3(1)(r), 3(2)(s) and 3(2) (v) of the SC & ST (POA) Act, 1989.

Prosecution case was initiated on the report of Sanjay Agrawal regarding incident occurred at 11:15 p.m. of 06.08.2025 towards cousin Vishnu Agrawal Advocate against Mohit Yogi, Rohit Yogi, Rakesh Yogi, Omprakash Yogi and Malti. After investigation a final report was submitted under section 331(6), 115(2), 296, 351(3) & 3(5) of the Bhartiya Nyaya Sanhita, 2023 and sections 3(1)(r), 3(2)(s) and 3(2)(v) of the SC & ST (POA) Act, 1989 against total 8 persons.

Counsel for the appellant submits that the appellant is innocent and he has falsely been implicated in the present case. The appellant is in custody since 07.08.2025. It is argued that the victim was practicing in the name of Vishnu Agrawal and there is no reason to assume that he belongs to SC/ST community. The investigation is over and charge sheet has been filed. Hence, prayer is made for grant of bail to the appellant.

Counsel for the State and counsel for the objector opposed the criminal appeal and pray for dismissal of the same.

Considering the facts and circumstances of the case and the fact that co-accused persons have already enlarged on bail and the appellant is custody since 07.08.2025, this Court is inclined to allow the appeal filed by the appellant. Consequently, by setting aside the impugned order of the Trial Court, the appeal is hereby allowed, without commenting anything on the merits of the matter. It is directed that the appellant shall be released on bail upon executing a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand only) with one solvent surety in the like amount to the satisfaction of the Trial Court for his regular presence during trial and shall also abide by the conditions enumerated under Section 437 (3) of Cr.P.C./ 480(3) of BNSS. This order shall be effective till the end of the trial, however, in case of bail jump, it shall become ineffective.

With the aforesaid, this appeal is allowed and stands disposed of. All the other pending interlocutory applications, if any, shall stand disposed of.

C.C. as per rules.