Shivam Kumar Seni vs The State Of Madhya Pradesh Through Police Thana Raghogarh

NEUTRAL CITATION NO. 2026:MPHC-GWL:33123
1 CRA-9502-2026
IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR

BEFORE
HON'BLE SHRI JUSTICE PUSHPENDRA YADAV
th
ON THE 29 OF OCTOBER, 2026
CRIMINAL APPEAL No. 9502 of 2026
CNR No.: MPHC030302862026
SHIVAM KUMAR SENI AND ANR
Versus
THE STATE OF MADHYA PRADESH THROUGH POLICE THANA
RAGHOGARH AND ANR
Appearance:
Shri Satyendra Singh Rajput - Advocate for the appellants.
Shri Mohit Shivhare - PP for the respondent/State.
ORDER
1. This criminal appeal under Section 14 (2) of the Scheduled Castes
and Scheduled Tribes (Prevention of Atrocities) Act has been filed against
the order dated 22.10.2026 passed by the Special Judge, SC/ST Act, Guna, in
Bail Application No.1175/2026 whereby the application moved by the
appellants for grant of anticipatory bail under Section 482 of BNSS, as they
are apprehending their arrest in connection with Crime No.206/2026
registered at Police Station Raghogarh, District Guna for the offences
punishable under Sections 115(2), 296(B), 351(3), 3(5) of BNS and Sections
3(1)(da), 3(1)(dha) and 3(2)(va) of the SC/ST (P.A.) Act, has been dismissed.
2. Learned Counsel for the State submits that the victim has been
informed about filing of this appeal in compliance with mandate of Section
15-A of the Scheduled Castes and Scheduled Tribes (Prevention of
Signature Not Verified
Signed by: SUNEEL DUBEY
Signing time: 30-10-2026
14:37:40

NEUTRAL CITATION NO. 2026:MPHC-GWL:33123
2 CRA-9502-2026
Atrocities) Act, 1989.

3. Learned counsel for the appellants submits that appellants are
innocent and have been falsely implicated in this case. Earlier they were
released after giving notice under Section 41-A Cr.P.C./BNSS; however,
thereafter, charge-sheet was filed without informing them, therefore, they
could not appear before the learned trial Court at the time of filing of charge
sheet. It is further submitted that no offence under above-mentioned sections
is made out against the appellants. No caste related abuses have been hurled
by the appellants. Trial is likely to take long time to conclude and material
placed on record does not disclose the possibility of the appellants fleeing
from justice. They undertake to cooperate in trial. They are ready and willing
to abide by all the terms and conditions which may be imposed by this Court.
Therefore, prays for grant of anticipatory bail.
4 . Per contra, learned counsel for the State opposed the appeal and
prayed for its rejection.
5. Heard learned counsel for the parties and perused the case diary.
6. Considering the arguments advanced by counsel for parties and the
attending facts and circumstances of the case, especially the fact that trial
will take time to conclude, but without expressing any opinion on merits of
the case, this appeal is allowed by setting aside the impugned order and it is
directed that in case if the appellants appear before the Investigating
Officer/trial Court within fifteen days from today and furnish personal bond
in the sum of Rs.50,000/- (Rupees Fifty Thousand Only) each with one
solvent surety in the like amount to the satisfaction of the concerned
Signature Not Verified
Signed by: SUNEEL DUBEY
Signing time: 30-10-2026
14:37:40

NEUTRAL CITATION NO. 2026:MPHC-GWL:33123
3 CRA-9502-2026
Investigating Officer/trial Court, then they shall be released on anticipatory

bail.
7. It is made clear that in case if appellants fail to appear before the
Investigating Officer/trial Court within the fifteen days from today, then this
order shall automatically stand cancelled.
8. The appellants shall further abide by following conditions:-
(i) Appellants shall make themselves available for
investigation as may be directed by the officer, in-charge of
investigation;
(ii) Appellants shall not commit or get involved in any
offence of similar nature;
(iii) Appellants shall not directly or indirectly make any
inducement, threat or promise to any person acquainted with
the facts of the case so as to dissuade them from disclosing
such facts to the Court or to the police officer;
(iv) Appellants shall not directly or indirectly attempt to
tamper with the evidence or allure, pressurize or threaten the
witness;
(v) Upon submission of final report under Section 173 of
Cr.P.C/ 193 of Bhartiya Nagrik Suraksha Sanhita, 2023, the
appellants shall furnish fresh personal bond and solvent
surety of aforementioned amount to the satisfaction of the
Trial Court, if so directed and thereafter, shall remain present
on every date of hearing as may be directed by the concerned
Court;
(vi) During trial, the appellant shall ensure due compliance of
provisions of Section 309 of Cr.P.C/ 346 of Bhartiya Nagrik
Suraksha Sanhita, 2023, regarding examination of witnesses
in attendance.
9. This order shall be effective till the end of trial. However, in case of
breach of any of the precondition of bail, the Trial Court may consider on
merit cancellation of bail without any impediment of this order.
10. The Trial Court shall get these conditions reproduced on the
personal bond by the accused and on surety bond by the surety concerned. If
Signature Not Verified
Signed by: SUNEEL DUBEY
Signing time: 30-10-2026
14:37:40

NEUTRAL CITATION NO. 2026:MPHC-GWL:33123
4 CRA-9502-2026
any of them is unable to write, the scribe shall certify that he had explained

the conditions to the concerned accused or the surety.
C.C. as per rules.
(PUSHPENDRA YADAV)
JUDGE
(Dubey)

Signature Not Verified
Signed by: SUNEEL DUBEY
Signing time: 30-10-2026
14:37:40