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Judgment
17 paragraphs · 522 wordsRajendra 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 06.03.2026 passed in BA No.92/2026 passed by the Special Judge under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, Seoni, MP, whereby his bail application filed under Section 483 of BNSS, 2023, has been rejected.
2 . The appellant has been arrested on 24.02.2026 relating to FIR/Crime No.130/2026 registered at police station -Kotwali, District Seoni; for offence punishable under Sections 296-(b), 115(2), 118(1), 126(2), 351(2), 3(5) of B.N.S & Sec 3(1)(r), 3(1)(s), 3(2)(va) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.
3 . It is submitted by learned counsel for the present appellant that the appellant is in custody since 24.2.2026. As per prosecution story, it is alleged against the present appellant that he demanded Rs.5000/- for consuming liquor and committed marpeet with the victim. Victim has sustained simple injuries. The offences alleged against him under Section 119(1) of BNS and other sections are triable by JMFC. There is no criminal antecedents against the present appellant. He is ready to comply with the conditions as may be imposed by this Court. Therefore, it is prayed that the appellant may be granted benefit of bail.
4 . 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 the entire facts and circumstances of the case, this Court is inclined to release the present appellant on bail. Thus, without commenting on the merits of the case, the appeal is allowed and it is directed that 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 will comply with all the terms and conditions of the bond executed by him;
ii) The appellant will cooperate in the investigation/trial, as the case may be;
iii) 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;
iv) The appellant shall not commit an offence similar to the offence of which he is accused;
v) The appellant will not seek unnecessary adjournments during the trial;
vi) The appellant will not leave India without previous permission of the trial Court/Investigating Officer, as the case may be.
vii) 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.
