01Facts
The appellants were arrested in connection with an incident in which they and three co-accused allegedly assaulted four persons using an iron rod, a wooden stick, a knife, and their hands and fists.
¶ 1–2, 4The injured persons included one who sustained injuries described by the State as grievous; the other three sustained simple injuries.
¶ 1–2, 4The FIR alleged offences under Sections 191(1), 296 and 109(1) of the Bharatiya Nyaya Sanhita (BNS), Sections 25 and 27 of the Arms Act, and Sections 3(1)(r) and 3(1)(s) of the SC/ST Act.
¶ 1–2, 4The Special Judge rejected the appellants’ regular-bail application under Section 483 of the BNSS.
¶ 1In their appeal under Section 14-A(2) of the SC/ST Act, the appellants relied on the completion of the investigation, filing of the charge-sheet, time already spent in custody, lack of antecedents, and the complainant’s consent to bail.
¶ 1, 3, 502Issues
i.Whether the rejection of regular bail should be set aside and the appellants released on bail, considering the circumstances of the case and the relevant bail factors.
¶ 1, 3–7ii.If bail is granted, what conditions should govern the appellants’ release and participation in the trial?
¶ 803Law Applied
The appeal was brought under Section 14-A(2) of the SC/ST Act, and the underlying regular-bail application was made under Section 483 of the BNSS.
¶ 1In deciding whether bail was appropriate, the Court considered the nature and gravity of the alleged offences, the extent of the injuries, the appellants’ criminal antecedents, the status of the investigation and charge-sheet, the period of custody, the likely time for trial, and the complainant’s position.
¶ 3–7The judgment cites no precedent and does not set out a separate statutory test concerning the alleged SC/ST Act offences.
Provisions in the judgment · 11 · Linked ones open on LawLens
Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 Section 3
Bharatiya Nagarik Suraksha Sanhita, 2023 Section 483Section 84Section 351
Bharatiya Nyaya Sanhita, 2023 Section 191Section 296Section 109Section 269Section 209
Arms Act, 1959 Section 25Section 27
04Reasoning
The Court weighed the seriousness of the allegations against the circumstances favouring release.
¶ 4–7It noted that three of the four injured persons had sustained simple injuries, while one person’s injuries were described as grievous; the complainant had consented to bail; the appellants had no previous criminal antecedents; the charge-sheet had been filed; and the appellants had been in custody since 15 January 2026, with trial likely to take considerable time.
¶ 4–7On that combined assessment, and without expressing any opinion on the merits, the Court found bail appropriate.
¶ 705Holding
The Court allowed the appeal, set aside the Special Judge’s order dated 5 May 2026, and directed that the appellants be released on personal bonds with two sureties each in the like amount, to the satisfaction of the court concerned.
¶ 8Bail was subject to conditions concerning adjournments, attendance, and personal presence at specified stages of trial; the Court also requested that the trial be concluded as expeditiously as possible.
¶ 8–9Original Court PDF
DEEPAK KEWATvsSTATE OF CHHATTISGARH
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