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Shokat Khan vs State Of Madhya Pradesh And Others

Madhya Pradesh High Court · Decided on 5 March 2026 · Citation: (2026) 03 MP CK 0795

HON’BLE JUDGES
Gajendra Singh, J
ACTS & SECTIONS REFERRED
Scheduled Castes And The Scheduled Tribes (Prevention Of Atrocities) Act, 1989 — Section 3(2)(v), 3(2)(va), 14A(2) · Bharatiya Nagarik Suraksha Sanhita, 2023 — Section 480(3), 483 · Bharatiya Nyaya Sanhita, 2023 — Section 64(1), 115(2), 140(3), 351(3) · Code Of Criminal Procedure, 1973 — Section 437(3)
RESULT
Allowed
CASE NUMBER
Criminal Appeal No. 1823 Of 2026
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Judgment

7 paragraphs · 367 words

Gajendra Singh, J

1.

This is repeat second criminal appeal under section 14A (2) of the SC & ST (Prevention of Atrocities) Act, 1989 is preferred against the order dated 11.02.2026 in BA No.145/2026 by the Special Judge, SC & ST (POA) Act, 1989, Dewas, whereby the application filed under Section 483 of BNSS, 2023 for bail on behalf of appellant- SHOKAT KHAN apprehended on 29.04.2025 in connection with Crime No.158/2025 registered at police station- Bhourasa, District Dewas (M.P.) for the offence punishable under sections 140(3), 64 (1), 115(2) and 351(3) of the BNS, 2023 and sections 3(2)(v) and 3(2)(va) of the SC/ST (POA) Act, 1989 has been rejected.

2.

First criminal appeal was dismissed as withdrawn vide order dated 07.08.2025, passed in Criminal Appeal No.7534/2025.

3.Counsel for the appellant submits that the appellant is innocent and has been falsely implicated in this offence. It is further submitted that the statements of victim and her mother have been recorded and victim has no objection if the appellant is granted bail. Under these circumstances, prayer is made for grant of bail to the appellant.

4.

On the other hand, counsel for the victim pleaded that victim has no objection if the appellant is granted bail.

5.

Counsel for the State has opposed the prayer.

6.

Considering the fact that the statement of the victim and her mother have been recorded and the fact that victim has no objection if the appellant is granted bail, 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- SHOKAT KHAN shall be released on bail upon executing a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand only) with one 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 B.NSS. This order shall be effective till the end of the trial, however, in case of bail jump, it shall become ineffective.