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Vijay Prakash vs State Of Madhya Pradesh And Others

Madhya Pradesh High Court · Decided on 26 February 2026 · Citation: (2026) 02 MP CK 1823

HON’BLE JUDGES
Gajendra Singh, J
ACTS & SECTIONS REFERRED
Scheduled Castes And The Scheduled Tribes (Prevention Of Atrocities) Act, 1989 — Section 3(1)(d), 3(2)(5)(a), 14A(2) · Bharatiya Nagarik Suraksha Sanhita, 2023 — Section 480(3), 483 · Bharatiya Nyaya Sanhita, 2023 — Section 35, 115(2), 118(1), 296, 351(3) · Code Of Criminal Procedure, 1973 — Section 437(3)
RESULT
Allowed
CASE NUMBER
Criminal Appeal No. 1869 Of 2026
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Judgment

6 paragraphs · 326 words

Gajendra Singh, J

1.

This is first criminal appeal under section 14A (2) of the SC & ST (Prevention of Atrocities) Act, 1989 is preferred against the order dated 04.02.2026 in BA No.114/2026 by Special Judge, SC & ST (POA) Act, 1989, Dewas, whereby the application filed under Section 483 of BNSS, 2023 for bail on behalf of appellant apprehended on 04.02.2026 in connection with Crime No.196/2025 registered at police station- Vijayganj Mandi, District Dewas (M.P.) for the offence punishable under sections 296, 118(1), 115(2), 351(3), 35) of BNS, 2023 and Section 3(1)(d) and 3(2)(5)(a) of the SC/ST (POA) Act, 1989 has been rejected.

2.

Counsel for the appellant submits that the appellant is innocent and has been falsely implicated in this offence. It is further submitted that the appellant has caused only simple injuries to the injured and the other co- accused persons have already been enlarged on by the trial Court itself. Hence prays for release of the appellant on bail.

4.

On the other hand, counsel for the respondent/State has opposed the prayer.

5.

Considering the fact that all the three witnesses have been examined and the co-accused person also granted bail by the court, 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 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.

6.

Certified copy, as per Rules.