Rohit @ Bhura vs State Of Madhya Pradesh And Others

Gajendra Singh, J

This is first criminal appeal under section 14A (2) of the SC & ST (Prevention of Atrocities) Act, 1989 is preferred against the order dated 20.04.2026 in SCATR No.181/2023 by Special Judge, SC & ST (POA) Act, 1989, Mandsaur (MP), whereby the application filed under Section 483 of BNSS, 2023 for bail on behalf of appellant-Rohit@Bhura apprehended on 15.04.2026 in connection with Crime No.165/2023 registered at police station- Pipliyamandi District-Mandsaur (M.P.) for the offence punishable under sections 294, 325, 323, 506 and 34 of the IPC and sections 3(1)(r), 3(1) (s) and 3(2)(v) of the SC/ST (POA) Act, 1989 has been rejected.

Facts of the case in brief are that:- two accused persons including present appellant/accused were granted benefit of bail, later on co-accused Vipin remained absent for a significant period and his presence could not be secured and thereafter, present appellant also remain absent.

Counsel for the appellant submits that the appellant is innocent and has been falsely implicated in this offence. It is submitted that the appellant could not appear before the trial Court on the scheduled dates due to unavoidable circumstances. It is further submitted that the absence was neither intentional nor deliberate, and the appellant is now ready to comply with all conditions imposed by this Court.

On the other hand, learned counsel for the State has opposed the application on the ground that the appellant had violated the conditions of bail and remained absent without sufficient cause.

Considering the submissions made by both parties and upon perusal of the record, this Court is of the view that the default on the part of the appellant appears to be bonafide and not intentional. The appellant has now appeared and expressed willingness to abide by all conditions. Consequently, by setting aside the impugned order of the Trial Court, the appeal is hereby allowed, without commenting anything on the merits of the matter.

The bail of the appellant is restored, subject to executing a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand only) with two local sureties 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.

The appellant is directed to appear before the trial Court on all future dates without fail.

Certified copy, as per Rules.