Pushpendra Singhmn vs State Of Madhya Pradesh

Pushpendra Yadav, J

The appellant has filed this first criminal appeal under Section 14(A)(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 being aggrieved by order dated 23.12.2025 passed by Special Judge, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, Datia, whereby bail application under Section 483 of BNSS of appellant has been dismissed.

2 . Learned Counsel for the State submits that the victim has been informed about filing of this appeal in compliance with mandate of Section 15-A of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.

Appellant has been arrested on 07.12.2025 by Police Station- Civil Lines, District Datia, in connection with Crime No.327/2025 registered in relation to the offence punishable under Sections 64(1), 115(2), 351(3) of BNS and Sections 3(1)(w)(i), 3(2)(v) and 3(2)(va) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act.

Learned Counsel for the appellant submits that appellant is innocent and has falsely been implicated in the crime. He has not committed any crime. He is in custody since 07.12.2025. Learned counsel further submits that the allegation against the appellant is that he committed rape with the prosecutrix on 03.12.2025 in the night in between 00.00 hours to 1.00 hours by entering in her house, while as per the police report, the appellant and the prosecutrix were present in Sunset hotel, Orchha from 11 am of 03.12.2025 to 9 am of 04.12.2025. Trial is likely to take long time to conclude. The appellant is ready and willing to abide by any conditions which may be imposed by the Court. On these grounds, he prays that the impugned order be set aside and appellant may be extended the benefit of bail.

On the other hand, learned counsel for State opposed the appeal and prayed for its dismissal.

Heard the counsel for the parties and perused the case diary.

Considering the facts and circumstances of the case and the fact that trial will take some time to conclude, without commenting upon the merits of the case, this appeal stands allowed and it is directed that the appellant be released on bail on his furnishing 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 concerned trial Court.

This order will remain operative subject to compliance of the following conditions by the appellant:-

The appellant will comply with all the terms and conditions of the bond executed by him;

The appellant will cooperate in the investigation/trial, as the case may be;

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;

The appellant shall not commit an offence similar to the offence of which he is accused;

The appellant will not seek unnecessary adjournments during the trial; and

The appellant will not leave India without previous permission of the trial Court/Investigating Officer, as the case may be.

A copy of this order be sent to the Court concerned for compliance.

C.C. as per rules.