Rishi @ Rajnish S/O Raju Yadav vs State Of Madhya Pradesh And Another

Gajendra Singh, J

This criminal appeal under Section 14-A (2) of SC/ST (Prevention of Atrocities) Act, 1989 r/w Section 482 of the B.N.S.S., 2023 is preferred being aggrieved by the order dated 16.03.2026 passed in BA No.196/2026 by the Special Court designated under SC/ST (Prevention of Atrocities) Act, 1989, Dewas (M.P.), whereby an application for releasing of the appellant on anticipatory bail in connection with Crime No.13 of 2025 registered at Police Station Mahila Thana, Dewas (MP) under Sections 64, 64 (2) (H), 64 (2) (M) , 69, 115 (2) and 351 (3) of BNS, 2023 and also under Sections 3 (1) (w) (ii) and 3 (2) (v) of the SC/ST (Prevention of Atrocities) Act, 1989 has been rejected.

The aforesaid crime was registered on the report of respondent No.2 belonging to scheduled caste community on the allegations that the appellant - accused established physical relation on the promise of marriage. She got pregnant and thereafter on 10.03.2023, he left her and did not solemnize the marriage.

The trial Court rejected the application. Notice was issued to the victim and she submitted that marriage has been solemnized on 14.04.2025 and they are living as husband and wife.

The statements recorded under Section 183 of the BNSS, 2023 on 21.05.2025 of the prosecutrix and her mother also to the effect that they have solemnized the marriage.

In view of the factual matrix, the bar under Section 18 and 18-A of the SC/ST (Prevention of Atrocities) Act, 1989 is not attracted; and it is a fit case to release the appellant on anticipatory bail.

Learned counsel for the respondent/State has opposed the appeal.

On perusal of the contents of the F.I.R., the statement recorded under Section 180 of the BNSS, 2023 and the statement recorded under Section 183 of the BNSS, 2023, the Bar under Section 18 and 18A of SC/ST (Prevention of Atrocities) Act, 1989 is not attracted in this case.

In view of the above, without commenting on the merit of the case, the appeal is allowed and the impugned order is set aside and the appellant is directed to be released on bail subject to his furnishing personal bond in the sum of Rs.1,00,000/- (Rupees One Lac Only) with one surety in the like amount to the satisfaction of the trial court for his appearance before that Court, as and when directed, during the pendency of trial and shall also abide by the conditions enumerated under section 480(3) of the BNSS, 2023.

If there is any violation of the conditions, the trial court shall be at liberty to cancel the bail without reference to this Court.

Certified copy, as per rules.