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Judgment
9 paragraphs · 413 wordsGajendra Singh, J
This criminal appeal under section 14A(2) of the SC & ST (Prevention of Atrocities Act), 1989 is preferred against the order dated 09.02.2026 in BA No.132/2026 by Special Judge (SC & ST (POA) Act), Dewas whereby application filed under section 483 of the BNSS, 2023 by the appellant seeking bail in connection with crime no.191/2025 registered at police station- Kannod, Dewas (M.P.) and the facing the trial for the offence punishable under sections 64(2)(m), 318(4), 351(3) of BNS, 2023 and under section 3(2)(v) & 3(2)(va) of the SC & ST (POA) Act, 1989 in SCATR No.113/2025 has been rejected.
First criminal appeal was dismissed as withdrawn vide order dated 14.07.2025 and this second criminal appeal is preferred despite framing of charges on 17.05.2025 on the similar witness adduced by the prosecution.
Counsel for the appellant submits that the appellant is innocent and he has been falsely implicated in this case. Appellant is aged about 22 years and there is no necessity for appellant's custodial interrogation. The conclusion of trial will likely to take long time, hence prays for release of the appellant on bail.
Counsel for the State as well as the objector have opposed the appeal.
Perused the case diary.
Considering the above factual position and also considering the fact and circumstances of the case and without commenting on the merit of the case, the appeal is allowed and the appellant is directed to be released on bail upon his furnishing personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand) with one solvent surety in the like amount to the satisfaction of the trial court for his appearance before that Court, as and when directed, during the pendency of trial and shall also abide by the conditions enumerated under section 480 (3) of the B.N.S.S., 2023.
The appellant shall not contact with the victim (PW-1) in any way either physically or through any other mode of social media. The appellant shall ensure that he does not upload or circulate any videos or photographs of the victim which may be stored in his mobile phone or in any other electronic device. In case even a single violation of this condition is found, the Trial Court shall be at liberty to recall/cancel the bail order in accordance with law.
Copy of this order be forwarded to the victim in the light of Aparna Bhat vs. State of MP -AIR 2021 SC 1492.
