The court upheld the trial court's decision to deny bail due to the serious nature of the allegations despite insufficient evidence of the appellant's involvement.

IN THE HIGH COURT OF MADHYA PRADESH AT INDORE BEFORE HON'BLE SHRI JUSTICE GAJENDRA SINGH th ON THE 4 OF AUGUST, 2025 CRIMINAL APPEAL No. 5602 of 2025 JASHWANT SINGH @YASHWANT SINGH Versus THE STATE OF MADHYA PRADESH AND OTHERS Appearance:

Shri Avinash Sirpurkar - Senior Advocate with Shri Yogesh Gupta-

Advocate for the appellant.

Shri Jayesh Yadav - G.A. for the State.

ORDER This first Criminal Appeal under Section 14-A (2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act,1989 is preferred challenging order dated 07.04.2025 passed in SCATR No.9/2025 by Special Judge, SC/ST (POA) Act, Mandsaur (M.P.) whereby application for release on bail preferred by the appellant apprehended on 29.01.2025 in connection with crime no.488/2024 registered at Police Station-Garoth, District- Mandsuar under sections 103(2), 191(2), 191(3), 115(2), 351(3), 109, 324(4), 49, 61(2), 117(2) of the B.N.S., 2023 and sections 25, 27 of the Arms Act , and sections 3(1)(R), 3(1)(S), 3(2)(V)(A), 3(2)(V), 3(1)(CH)(CHH) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act,1989 has been rejected.

2. As per prosecution case, Balaram Meghwal, a member of scheduled Signature Not Verified Signed by: AJIT caste had erected a tapri on govt. land at village Dhakni P.S. Garoth District Mandsaur near the agriculture field of Arjun Singh Rajput. Balram Meghwal used that tapri as a cow shed and Arjun Singh Rajput was objecting for erecting the tapri by Balram and instructed Balram to remove his tapri on 14.11.2024. When Balram did not removed the tapri then again on 06.12.2024 warning was issued by Arjun to Balram. When Balram did not paid heed to the threats extended by Arjun Singh Rajput then accused persons formed unlawful assembly to remove the tapri of Balram and armed with deadly weapon including fire arms, they reached the tapri with tractor and car and in process of removing the tapri Shubnabai wife of Balram Meghwal lost her life due to the injuries caused by fire arms and one Ramgopal sustained injuries caused by firearm. Sukhdev, any how escaped the assault of firearm. Balram Meghwal was assaulted by sticks. The tapri was dismantled and the material was removed using trolley attached with tractor. Law enforcement agency came into action on the report lodged by Sukdev that resulted in registration of FIR No.488/2024 registered at P.S.-

Garoth, District-Mandsaur at 3 p.m. on 06.12.2024.

3. Trial court declined to release the present appellant on the ground that offence is serious in nature.

4. This appeal is preferred on the ground that appellant is not concerned with the alleged offence. His name is not mentioned in the First Information Report. He has been implicated in the present case on the strength of memorandum statement of accused Arjun and Narendra recorded under section 23 of the Bharatiya Sakshya Adhiniyam, 2023 (Exhibit-P/2 Signature Not Verified Signed by: AJIT and P/3). Those statements have been recorded on 29.01.2025. The statement of Sukdev and Balram has been recorded on 16.12.2023 in which the name of the appellant has been disclosed falsely. Investigation is complete. One bamboo stick has been recovered. Appellant is a 31 year old young person.

5. Heard.

6. Counsel for the State objected the criminal appeal.

7. Perused the case diary.

8. The nature of offence that resulted in loss of human life, injuries, destruction of the property belonging to member of scheduled caste community is serious in nature. Involvement of the present appellant is disclosed in the statement of Sukhdev, Balram, Ramgopal recorded under section 180 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 on 13.12.2024 and statement of Balram and Sukdev recorded under section 183 of the Bhartiya Nagarik Suraksha Sanhita