The court granted bail based on insufficient grounds connecting the appellant to the alleged crime, emphasizing the need for clear evidence in denying bail.

IN THE HIGH COURT OF MADHYA PRADESH AT INDORE BEFORE HON'BLE SHRI JUSTICE GAJENDRA SINGH th ON THE 13 OF AUGUST, 2025 CRIMINAL APPEAL No. 7362 of 2025 AJABSINGH Versus THE STATE OF MADHYA PRADESH AND OTHERS Appearance:

Shri Manoj Saxena - Advocate for the appellant. Shri Rajesh Joshi -G.A for the respondent/State.

Shri Dilip Singh Panwar- Advocate for the respondent [R-2].

ORDER This appeal under section 14-A(2) of the SC & ST (Prevention of Atrocities) Act, 1989 is preferred being aggrieved by the order dated 11.07.2025 in SCATR No.46/2025 by Special Judge (SC & ST (POA) Act, 1989), whereby the application for release of the appellant on bail has been rejected.

2. Appellant Ajabsingh was taken into custody on

04.04.2025 in connection with crime no.88/2025 registered at PS Nalkheda, district Agar Malwa and a final report under sections 103(1), 115(2), 296, 351(2) & 3(5) of the BNS, 2023 and section Signature Not Verified Signed by: HARIKUMAR

3(1)(r), 3(1)(s) & 3(2)(va) of the SC & ST (POA) Act, 1989 has been filed. The allegation of 103(1) of the BNS, 2023 is with regard to the death of Basantibai belonging to ST category. The incident happened on 02.04.2025 at village Panala, distrct Agar Malwa due to cutting the tree of palas (Kakra) and the injuries were sustained by Lakhan, Basantibai, Bitore and the offence was registered under sections 115(2), 296, 351(2) & 3(5) of the BNS, 2023 and under sections 3(1)(r), 3(1)(s), 3(2)(va) of the SC & ST (POA) Act, 1989. Thereafter Basantibai died on 03.04.2025, therefore, section 103(1) of the BNS, 2023 and section 3(2)(v) of the SC & ST (POA) Act, 1989 were enhanced and the special court rejected the application referring the grievous nature of the offence.

3. This appeal is preferred on the ground that there is no allegation against the present appellant for causing injury to Basantibai and the death of Basantibai has no nexus with the injury caused in the incident.

4. Counsel for the respondent/victim opposed the applcation on the ground that Basantibai died due to injuries as she was pushed and she fell down and sustained injuries on the head. He submits that there is no allegation against the present appellant for causing injury to Basantibai but thereafter they will seek the benefit of release of bail regarding other co-accused.

Signature Not Verified Signed by: HARIKUMAR

5. State has opposed the appeal.

6. Perused the material available with the case diary and the answer to the queries regarding the cause of death of Basantibai. Considering the facts and circumstances of the case, the arguments advanced by the counsel for the parties, without commenting on the merit of the case, the appeal is allowed and the appellant is directed to be released on bail upon his furnishing personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand) with one surety in the like amount to the satisfaction of the trial court for his appearance before that Court, as and when directed, during the pendency of trial and shall also abide by the conditions enumerated under section 480 (3) of the BNSS, 2023.