CourtKutchehry.com
High CourtsSingle Bench

Shivnandan And Others vs State Of Madhya Pradesh And Others

Madhya Pradesh High Court · Decided on 17 April 2026 · Citation: (2026) 04 MP CK 1276

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)(v), 3(2)(va), 14A(2) · Bharatiya Nyaya Sanhita, 2023 — Section 115(2), 118(2), 127(2), 191(2), 191(3), 296, 351(3) · Code Of Criminal Procedure, 1973 — Section 437(3)
RESULT
Allowed
CASE NUMBER
Criminal Appeal No. 3193 Of 2026
Ask AI about this case

AI Structured Summary

Not yet generated for this judgment

No AI summary yet

Generate an eight-section analysis of this judgment — facts, issues, reasoning, ratio and a plain-language gist.

Judgment

9 paragraphs · 338 words

Gajendra Singh, J

1.

This criminal appeal filed under section 14A (2) of the Scheduled Caste & Scheduled Tribe (Prevention of Atrocities) Act, 1989 which is preferred by appellants being aggrieved by the order dated 01.04.2026 in B.A. No.329/2026 by Special Judge (SC & ST (POA) Act, Dewas arising out of crime No.467/2025 registered at P.S.- Haatpiplya, District Dewas (M.P.) for the offence punishable under sections 191(2), 191(3), 118(2), 127(2), 296, 115(2), 351(3) of the BNS, 2023 and Section 3(1)(r), 3(1)(s), 3(2)(v) and 3(2)(va) of the SC/ST (Prevention of Atrocities) Act, 1989, whereby the application for bail filed on behalf of the appellant-Shivnandan apprehended on 21.08.2025 and appellant- Rahul apprehended on 30.08.2025 have been rejected.

2.

Learned counsel for the appellants submit that the appellants are innocent and they have falsely been implicated in the present case. It is further argued that the 5 witnesses, including daughter of Shivnandan has been examined as PW-5. Hence, prayed for the release of the appellants on bail.

Heard.

3.

Counsel for the respondent/State has opposed this criminal appeal and prayed for dismissal of the same.

Perused the record.

4.

Considering the 5 witnesses, including daughter of Shivnandan has been examined as PW-5, this Court is inclined to allow the appeal filed by the appellants. 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. It is directed that the appellants shall be released on bail upon executing a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand only) each with separate sureties in the like amount to the satisfaction of the Trial Court for their regular presence during trial and shall also abide by the conditions enumerated under Section 437 (3) of Cr.P.C./ 480(3) of BNSS. This order shall be effective till the end of the trial, however, in case of bail jump, it shall become ineffective.

5.

With the aforesaid, this appeal is allowed and stands disposed of.

6.

Certified copy, as per Rules.