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Nirmal Devda vs State Of Madhya Pradesh And Others

Madhya Pradesh High Court · Decided on 31 October 2025 · Citation: (2025) 10 MP CK 1375

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)(va), 14(A)(2) · Code Of Criminal Procedure, 1973 — Section 437(3), 439 · Bharatiya Nyaya Sanhita, 2023 — Section 3(5), 109, 115(2), 118(1), 296, 351(2) · Bharatiya Nagarik Suraksha Sanhita, 2023 — Section 480(3)
RESULT
Allowed
CASE NUMBER
Criminal Appeal No. 10392 Of 2025
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Judgment

8 paragraphs · 364 words

Gajendra Singh, J

1.

The appellant has preferred this first criminal appeal under Section 14(A)(2) of the Scheduled Caste & Scheduled Tribe (Prevention of Atrocities) Act, 1989 (as amended by the Act of 2015) read with Section 439 of the Code of Criminal Procedure, 1973, being aggrieved by order dated 17.10.2025 passed by the Special Judge, SC/ST Act, Ratlam in B.A. No.154/2025.

2.

Appellant has been arrested on 23.07.2025 in connection with FIR/Crime No.344/2025 registered at Police Station Industrial Area, Jaora, Ratlam (MP) for offence punishable under Sections 296, 115(2), 118(1), 351(2), 3(5), 109 of BNS, 2023 and under section 3(1)(r), 3(1)(s), 3(2)(va) of the Scheduled Caste & Scheduled Tribe (Prevention of Atrocities) Act, 1989.

4.

Counsel for the appellant submits that the appellant is innocent and has been falsely implicated in this offence. It is further submitted that the main allegations to cause injuries to the injured are against co-accused Devendra. The investigation is over and charge-sheet has been filed in the matter, hence prays for release of the appellant on bail during trial.

5.

On the other hand, counsel for the respondent/State has opposed the prayer.

6.

Considering the facts and circumstances of the case and the fact that main allegations for causing injuries to the injured is against co-accused Devendra, 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.25,000/- (Rupees Twenty Five 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.

8.

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

Certified copy, as per Rules.