Bail granted in SC/ST Act prosecution owing to anticipated trial delay, subject to stringent conditions.

The appellant was arrested on 3 September 2026 in connection with Crime No. 356/2026 registered at Police Station Bhitarwar, District Gwalior, for offences under Sections 125, 296(B) and 351(2) of the Bharatiya Nyaya Sanhita, 2023, Sections 3(1)(r), 3(1)(s) and 3(2)(v-a) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, and Sections 25 and 27 of the Arms Act

The prosecution alleged that on 31 August 2026, during a village community meeting concerning prohibition of liquor, the appellant abused the complainant and others using caste-based insults and fired a pistol in the air

The Special Judge (Atrocities), Gwalior, dismissed the appellant’s bail application under Section 483 of the BNSS by order dated 8 September 2026

The appellant challenged that order under Section 14-A(2) of the SC/ST Act, contending, inter alia, that he had been arrested without notice under Section 35(3) of the BNSS, was a permanent resident of Gwalior, would cooperate with the proceedings, and was not likely to flee or tamper with evidence

The State and complainant opposed the appeal

Whether the appellant should be granted bail in an appeal under Section 14-A(2) of the SC/ST Act against the rejection of his bail application under Section 483 of the BNSS

Whether, considering the allegations, the appellant’s period of custody, the likelihood that the trial would take time, and the surrounding circumstances, the impugned order rejecting bail required interference

Whether bail should be subject to appropriate safeguards concerning cooperation with the investigation/trial, non-interference with witnesses, appearance before the police, and non-harassment of the complainant/prosecutrix

The Court exercised appellate jurisdiction under Section 14-A(2) of the SC/ST Act against the order refusing bail

It applied Section 483 of the BNSS as the statutory provision governing the appellant’s bail application

The proceedings arose from offences under the BNS, the SC/ST Act and the Arms Act

Section 15-A of the SC/ST Act requires the victim to be informed of proceedings relating to bail; the State submitted that this requirement had been complied with

The appellant relied on Section 35(3) of the BNSS and the Supreme Court’s safeguards concerning arrest in offences punishable up to seven years, but the Court did not separately adjudicate that contention

Bail was granted on the established consideration that custody may be continued subject to conditions where the circumstances justify release and the trial is likely to take time, without expressing any view on the merits of the prosecution case

After hearing the parties and examining the case diary, the Court considered the appellant’s custody since 3 September 2026, the submissions regarding his residence and willingness to cooperate, and, particularly, the fact that the trial would take time to conclude

Without commenting on the merits of the allegations, the Court found sufficient grounds to interfere with the Special Judge’s order and exercise its appellate bail jurisdiction

The Court balanced the grant of bail against the risks of absconding, witness intimidation, repetition of the offence and interference with the complainant by imposing detailed conditions, including regular police attendance for one year and a prohibition against causing embarrassment or harassment to the complainant/prosecutrix

The appellant was directed to be released on bail upon furnishing a personal bond of ₹50,000, together with one solvent surety in the like amount, to the satisfaction of the trial Court

Bail was made subject to conditions requiring compliance with the bond, cooperation with the investigation/trial, non-inducement or intimidation of witnesses, abstention from similar offences, avoidance of unnecessary adjournments, obtaining prior permission before leaving India, marking attendance at the concerned police station on the first Sunday of every month for one year, and refraining from harassing or embarrassing the complainant/prosecutrix

A copy of the order was directed to be sent to the concerned Court for compliance