Prahlad Vishwakarma vs State Of Madhya Pradesh And Others

Rajendra Kumar Vani, J

The appellant has filed this first criminal appeal under Section 14-A(1) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 being aggrieved by order dated 08.10.2025 passed in Bail Application No.2487/2025 by the Special Judge (Exclusive Court), SC/ST (POA) Act, District Chhatarpur (M.P.), whereby his bail application filed under Section 483 of BNSS, 2023, has been rejected.

The appellant has been arrested on 13.09.2025 relating to FIR/Crime No.302/2025 registered at Police Station Garhi Malhera, District Chhatarpur (M.P.) for offence punishable under Sections 296, 115(2), 351(2) and 3(5) of BNS and Section 3(1)(da), 3(1)(dha)va and 3(2)(5ka) of the SC/ST (POA) Act.

Learned counsel for the appellant has pointed out that the appellant is innocent and has not committed any offence. It is submitted that the other co-accused has already been enlarged on bail by the learned Court below.

However, the bail application of the present appellant was rejected on the ground that he is having a criminal history of three cases. It is further submitted that out of the said three cases, two pertain to offences under the M.P. Excise Act, while the remaining case has been registered under various sections of the Bharatiya Nyaya Sanhita and the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, in which the appellant has been falsely implicated. It is further submitted that the investigation is complete and the charge sheet has already been filed in the case on 13.09.2025. The appellant is in custody since 13.09.2025. He is ready to comply with the stringent conditions as may be imposed by this Court. Therefore, he prays that he may be released on bail.

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 keeping in view the attending facts and circumstances of the case, this Court is inclined to release the appellant on bail. Thus, without commenting on the merits of the case, the appeal is allowed and it is directed that the 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 shall comply with all the terms and conditions of the bond executed by him;

ii) The appellant shall cooperate in the investigation/trial, as the case may be;

iii) The appellant shall 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 shall not seek unnecessary adjournments during the trial;

vi) The appellant shall mark his presence before the concerned Police Station once in every fortnight till conclusion of the trial;

vii) The appellant shall not leave India without previous permission of the trial Court/Investigating Officer, as the case may be; and

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.