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Rahul vs State Of Madhya Pradesh And Others

Madhya Pradesh High Court · Decided on 1 April 2026 · Citation: (2026) 04 MP CK 0226

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), 14A(2) · Bharatiya Nagarik Suraksha Sanhita, 2023 — Section 480(3), 483 · Bharatiya Nyaya Sanhita, 2023 — Section 118(1), 119(1), 296B, 351(3) · Code Of Criminal Procedure, 1973 — Section 437(3)
RESULT
Allowed
CASE NUMBER
Criminal Appeal No. 2858 Of 2026
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Judgment

8 paragraphs · 388 words

Gajendra Singh, J

1.

This criminal appeal under section 14A (2) of the SC & ST (Prevention of Atrocities) Act, 1989 is preferred against the order dated 16.03.2026 in SC No.53/2026 by Special Judge, SC & ST (POA) Act, 1989, Ujjain, whereby the application filed under Section 483 of BNSS, 2023 for bail on behalf of appellant apprehended on 12.03.2026 in connection with Crime No.53/2026 registered at police station-Mahidpur, District Ujjain (M.P.) for the offence punishable under sections 118(1), 119(1), 296B, 351(3) of the BNS, 2023 and Section 3(1)(r), 3(1)(s) and 3(2)(va) of the SC/ST (POA) Act, 1989 has been rejected.

2.

The allegations against the appellant are that he alongwith other co-accused Shivnarayan caused voluntary injuries to injured Pawan Dawre at about 10:40PM on 09.03.2026 for not providing Rs.500/- to celebrate Holi festival and also used castiest remarks.

3.

Counsel for the appellant submits that the appellant is innocent and has been falsely implicated in this offence. It is argued that the appellant/accused has no criminal antecedents and he has also belongs to Scheduled Caste Community, hence, no offence under the provision of SC/ST (POA) Act, is made out. The injuries are not of serious nature.

4.

Counsel for the victim as well as counsel for the State have opposed the prayer and submitted that the injured was admitted in the hospital for four days. He sustained serious injuries.

5.

Perused the case diary.

6.

As per entry no.6(ix) of the memo of arrest in which it is mentioned that the the accused/appellant belonging to Scheduled Caste Community and the injured is also belonging to SC community, accordingly, the appeal is allowed 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 B.NSS. This order shall be effective till the end of the trial, however, in case of bail jump, it shall become ineffective.

7.

Certified copy, as per Rules.