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Judgment
8 paragraphs · 383 wordsGajendra 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 18.02.2026 BA No.163/2026 by Special Judge, SC & ST (POA) Act, 1989, Dewas, whereby the trial Court has rejected the application filed under section 483 of the BNSS, 2023 by the appellant seeking bail in connection with Crime No.1151/2025 registered at police station- Bank Note Press, Dewas, for the offence punishable under section 190, 191(2), 191(3), 296(B), 115(2), 324(4), 331(6), 351(3) and 118(1) of the BNS, 2023 and section 3(1)(r), 3(1)(s), and 3(2)(va) of SC/ST Act, 1989.
Counsel for the appellant submits that the appellant is innocent and has been falsely implicated in this offence. The appellant has no criminal antecedents. It is further submitted that a cross case is also registered by the present appellant u/s 190, 191(2), 191(3), 296(B), 115(2), 331(6), 351(3), 118(1) of BNS against the Complaint along with the other person, which is registered at P.S. BNP Dewas at crime no. 1050/2025. The investigation is over and charge-sheet has been filed.
The conclusion of trial will likely to take long time, hence prayed for release of the appellant on bail.
Counsel for the respondent/State opposed the prayer for grant of bail.
Considering the the fact that appellant has no criminal antecedents and there is a counter case bearing F.I.R. No.1050/2025 registered at Police Station-Bank Note Press Dewas, Dewas, this Court is inclined to allow the appeal filed by the appellant. 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 appellant- SHIVNARAYAN JAISWAL shall be released on bail upon executing a personal bond in the sum of Rs.50,000/-(Rupees Fifty Thousand only) with 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 BNSS. This order shall be effective till the end of the trial, however, in case of bail jump, it shall become ineffective.
With the aforesaid, this appeal is allowed and stands disposed of.
Certified copy, as per Rules.
