(1.) This is first criminal appeal under Sec. 14A (2) of the SC & ST (Prevention of Atrocities) Act, 1989 is preferred against the order dtd. 24/1/2026 in B.A. No.72/2026 by Special Judge, SC & ST (POA) Act, 1989, Dewas, whereby the application filed under Sec. 483 of BNSS, 2023 for bail on behalf of appellant apprehended on 19/11/2025 in connection with Crime No.1099/2025 registered at police station- Bank Note Press, Dewas (M.P.) for the offence punishable under Sec. 108, 3(5) of the BNS, 2023 and Sec. 3(2)(v) of SC/ST Act, 1989 has been rejected.
(2.) Facts of the case are that Crime No.1099/2025 registered at Police Station Bank Note Press, Dewas after the victim a woman belongs to Scheduled Caste Community and a renowned player of Jiu Jitsu committed suicide at 1:00 PM on 26/8/2025 at her residence situated at Dewas and a Merg No.110/2025 was registered at Police Station Bank Note Press Dewas and after enquiry, the FIR bearing Crime No.1099/2025 was registered against the present appellant and co-accused Vijendra Singh Kharsodiya. Final report has been submitted and SCATR No.03/2026 is pending before the Special Court.
(3.) The trial Court rejected the application on the ground that the deceased has intimated to her parents that she is being harassed by the present appellant and due to mental harassment by present appellant she committed suicide by hanging herself. The trial Court has distinguished the matter of Vijendra Kharsodiya with present appellant and referring to X vs. State of Rajasthan: 2024 INSC 909 in which it is held that ordinarily in a serious offences like rape, murder, decoity etc., once the trial is commenced and the prosecution starts examining the witnesses, the Courts, it be the trial Court or the High Court should be loath in entertaining the bail application of the accused, rejected the application.