Phoolsingh vs State Of Madhya Pradesh And Others

Gajendra Singh, J

This first criminal appeal filed under section 14A (2) of of the Scheduled Caste & Scheduled Tribe (Prevention of Atrocities) Act, 1989 which is preferred by appellant being aggrieved by the order dated 06.03.2026 in SCATR No.219/2025 by Special Judge (SC & ST (POA) Act, Rajgarh arising out of crime No.441/2025 registered at P.S.-Rajgarh, District Rajgarh (M.P.) for the offence punishable under sections 191(2), 191(3), 296, 115(2), 117(2), 118(1), 118(2), 351(3) of BNS, and 3(1)(r)(s), 3(2)(va) of the SC/ST (Prevention of Atrocities) Act, 1989, whereby the application for bail filed on behalf of the appellant has been rejected.

This criminal appeal is preferred on the ground that the appellant has been in custody since 23.07.2025 and there is no prima facie evidence against the appellant. The appellant is a permanent resident of village Dand, P.S. Rajgarh, District Rajgarh. Hence, prayed for the release of the appellant on bail.

Learned counsel for the respondent/State has opposed the appeal, submitting that the appellant has criminal antecedents of 12 cases and it is also submitted that the statement of victim Lokesh S/o Mahesh, Hemraj Bhilala, Naveen Jatav S/o Mahesh Jatav, Usha and Nishant are yet to be recorded.

Learned counsel for the appellant, in his counter reply, submitted that out of 12 criminal antecedents of the appellant, 7 cases pertain to the period prior to 2014, and the remaining cases pertain to the period after 2014.

Heard.

Considering the submission made by counsel for the State, this Court is not inclined to release the appellant on bail; hence, this criminal appeal is dismissed. However, the liberty is granted to the appellant to renew his prayer after recording the statement of the witnesses.

It is intimated that the case is fixed before the trial Court for 15.04.2026.

The In-Charge Police Station Rajgarh, District Rajgarh is directed to produce the witnesses before the trial court under protection on the next date of hearing i.e. 15.04.2026 and on other dates as fixed by the trial court by providing transport facility as per Rule 11 of the SC/ST (POA) Rules, 1995. Any failure in keeping the witnesses present before the trial court shall be taken seriously.

Special Prosecutor is under duty to secure the presence of the witnesses with proper coordination. Copy of this order be forwarded to Trial court, In-Charge, Police Station- Rajgarh, District Rajgarh and Special Prosecutor in the court of SC/ST, Rajgarh.