Vandana Chaudhary vs State Of Madhya Pradesh And Others

Pushpendra Yadav, J

This criminal appeal (first) under Section 14 (2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act has been filed against the order dated 11.11.2025 passed by the Special Judge, SC/ST Act, Guna, in Bail Application No.973/2025 whereby the application moved by the appellant for grant of anticipatory bail under Section 482 of BNSS, as she is apprehending her arrest in connection with Crime No.671/2024 registered at Police Station Cantt, District Guna for the offences punishable under Sections 115(2), 351(2), 296 of BNS and Sections 3(1)(r), 3(1)(s) and 3(2)(va) of the S.C.S.T. (P.A.)Act, has been dismissed.

2.Learned Counsel for the State submits that the victim has been informed about filing of this appeal in compliance with mandate of Section 15-A of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.

Learned counsel for the appellant submits that appellant is innocent and has been falsely implicated in this case. It is further submitted that earlier appellant was given a notice under Section 41-A of Cr.P.C by the concerned Police Station and she cooperated in the investigation. Thereafter, she was not informed about filing of the charge sheet, therefore, he could not appear before the learned trial Court at the time of filing of charge sheet. It is further submitted that no offence under above-mentioned sections is made out against the appellant. No caste related abuses have been hurled by the appellant. There is no likelihood of her absconsion. She undertakes to cooperate in investigation/trial. She is ready and willing to abide by all the terms and conditions which may be imposed by this Court. Therefore, prays for grant of anticipatory bail.

Per contra, learned counsel for the State opposed the appeal and prayed for its rejection.

Heard learned counsel for the parties and perused the case diary.

Having heard learned counsel for the parties and attending facts and circumstances of the case, but without expressing any opinion on merits of the case, this appeal is allowed by setting aside the order dated 11.11.2025 passed by the Special Judge, SC/ST Act, Guna, and it is directed that in case if the appellant appears before the Investigating Officer/trial Court within fifteen days from today and furnishes 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 concerned Investigating Officer/trial Court, then she shall be released on anticipatory bail.

It is made clear that in case if appellant fails to appear before the Investigating Officer/trial Court within the fifteen days from today, then this order shall automatically stand cancelled.

The appellant shall further abide by following conditions :-

(i) Appellant shall make herself available for investigation as may be directed by the officer, in-charge of investigation;

(ii) Appellant shall not commit or get involved in any offence of similar nature;

(iii) Appellant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade them/him/her from disclosing such facts to the Court or to the police officer;

(iv) Appellant shall not directly or indirectly attempt to tamper with the evidence or allure, pressurize or threaten the witness;

(v) Upon submission of final report under Section 173 of Cr.P.C/ 193 of Bhartiya Nagrik Suraksha Sanhita, 2023, the appellant shall furnish fresh personal bond and solvent surety of aforementioned amount to the satisfaction of the Trial Court, if so directed and thereafter, shall remain present on every date of hearing as may be directed by the concerned Court;

(vi) During trial, the appellant shall ensure due compliance of provisions of Section 309 of Cr.P.C/ 346 of Bhartiya Nagrik Suraksha Sanhita, 2023, regarding examination of witnesses in attendance.

This order shall be effective till the end of trial. However, in case of breach of any of the precondition of bail, the Trial Court may consider on merit cancellation of bail without any impediment of this order.

The Trial Court shall get these conditions reproduced on the personal bond by the accused and on surety bond by the surety concerned. If any of them is unable to write, the scribe shall certify that he had explained the conditions to the concerned accused or the surety.

C.C. as per rules.