SUNNY KEWAT Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This first criminal appeal has been filed by the appellant under Sec. 14(A) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 being aggrieved by order dtd. 11/10/2025 passed in Bail application SC ATR No.157 of 2025 passed by the Special Judge under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, Bhopal (M.P.) whereby his bail application filed under Sec. 483 of BNSS, 2023, has been rejected.

(2.) The appellant has been arrested on 23/8/2025 relating to FIR/Crime No.58 of 2025 registered at police station Talaiya, Bhopal, District Bhopal for offences punishable under Ss. 109(1), 296, 118(1), 351(2) and 3(5) of the Bharatiya Nyaya Sanhita, 2023 and Ss. 3(1)(r), 3(1)(s) and 3(2) (va) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 and Sec. 25 of the Arms Act.

(3.) Learned counsel appearing on behalf of the appellant has pointed that the present appellant is innocent and has not committed any offence. It is submitted that the incident has taken place occurred on 9/2/2025 and on the same day the victim was taken to the hospital. The MLC report dtd. 9/2/2025 records that one known person, Annu, had caused injuries to him; however, in the FIR, no person was named and the report was lodged against unknown persons. It is further submitted that only on 15/2/2025, when the police recorded the statement of the victim, the name of the present appellant revealed for the first time. It is further submitted that the police has not made any efforts to arrest the appellant and that the appellant himself surrendered before the police on 23/8/2025 and has been in custody since then. It is also submitted that two other cases have been registered against the appellant; one under Sec. 307 IPC and other allied Sec. , which has already been decided by the Juvenile Justice Board and another under Ss. 294, 323, and 506 IPC, which is still pending. In both cases, the appellant is stated to have been falsely implicated. It is further submitted that the appellant is ready to abide by all the conditions as may be imposed by this Court. It is thus prayed that the appellant be released on bail.