AYAN KHAN Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) The appellant has filed this first criminal appeal under Sec. 14-A(1) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 being aggrieved by order dtd. 29/12/2025 passed in Bail Application No.1064/2025 by the Special Judge, SC/ST Act, District Damoh (M.P.), whereby his bail application filed under Sec. 483 of BNSS, 2023, has been rejected.

(2.) The appellant has been arrested on 10/10/2025 relating to FIR/Crime No.777/2025 registered at Police Station Kotwali, District Damoh (M.P.) for offences punishable under Ss. 127 (3), 87, 64 (2) (m), 351(3), 49 of BNS, Sec. 3 (2) (v), 3 (2) (v-a), 3(1) (w) (i) of the SC/ST Act & Sec. 3, 181 of I.T. Act.

(3.) Learned counsel appearing on behalf of present appellant has submitted that the present appellant is in custody since 10/10/2025. The charge-sheet has already been filed. It is a case of consent. Though DNA report is positive, since it is a case of consent, therefore, DNA report looses its importance. As per the prosecution story, on 29/9/2025, the prosecutrix along with the present appellant had gone to Bhopal and remained there. It is also submitted that the prosecutrix did not oppose the present appellant nor she screamed and called anyone at the time when she was taken by the present appellant and thereafter in Bhopal also, there was no opposition by the prosecutrix when she remain stayed with the present appellant in the room. The appellant has been implicated falsely in the present case. The appellant is ready to comply with the conditions as may be imposed by this Court. The conclusion of trial will take considerable time. In view of the aforesaid submissions, it is prayed that the appellant may be released on bail.