Bail granted under the SC/ST Act where investigation was complete and trial was likely to be prolonged.

The appellant, Nitesh Dubey, was arrested on 24 March 2026 in connection with Crime No. 03/2026 registered at Police Station A.J.K. (Ajaak), Vidisha, for offences under Sections 329(4), 331(3) and 305(A) of the Bharatiya Nyaya Sanhita, 2023, and Sections 3(1)(z), 3(2)(v) and 3(2)(va) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (“SC/ST Act”).

His bail application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 was rejected by the Special Judge (Atrocities), Vidisha, on 30 June 2026, leading to the present third criminal appeal under Section 14-A(2) of the SC/ST Act.

The appellant contended that he had been falsely implicated and was not present when the complainant’s house was allegedly demolished.

According to the complainant’s statement, the appellant had not entered the house, committed theft, vandalised the property, or participated in its demolition.

He also relied on the grant of bail to co-accused persons, completion of investigation, filing of the charge-sheet, the likelihood of delay in trial, and the absence of any apparent flight risk.

The State opposed the appeal and submitted that no case for bail was made out on the allegations and material available on record.

The victim was stated to have been informed of the appeal in compliance with Section 15-A of the SC/ST Act.

Whether the appellant should be granted bail under Section 14-A(2) of the SC/ST Act read with Section 483 of the BNSS, despite the rejection of his bail application by the Special Court?

Whether the appellant’s custody, the completion of investigation and filing of the charge-sheet, the alleged absence of his direct involvement, and the grant of bail to co-accused persons justified interference with the impugned order?

The Court applied Section 14-A(2) of the SC/ST Act, which provides a statutory right of appeal against an order granting or refusing bail under the Act, and Section 483 of the BNSS concerning the power of the High Court or Court of Session to grant bail.

The offences alleged included Sections 329(4), 331(3) and 305(A) of the BNS and Sections 3(1)(z), 3(2)(v) and 3(2)(va) of the SC/ST Act.

The Court considered established bail principles, including the prima facie material, the period of custody, completion of investigation, filing of the charge-sheet, likelihood of delay in trial, risk of absconding or influencing witnesses, and parity with co-accused.

It also recognised the victim’s statutory right to notice under Section 15-A of the SC/ST Act.

The Court considered the case diary and the submissions of both sides.

Without making any final observation on the merits, it gave weight to the fact that the appellant had remained in custody since 24 March 2026, the investigation had been completed and the charge-sheet had been filed, thereby reducing the need for further custodial interrogation.

The appellant’s contention that he was not present at the time of demolition and had not directly participated in the alleged acts was treated as a relevant circumstance for the limited purpose of bail.

The Court also considered that similarly placed co-accused had been granted bail and that the trial was likely to take considerable time.

Balancing these circumstances against the State’s opposition, the Court found it appropriate to interfere with the rejection of bail, while preserving the prosecution’s interests through stringent conditions.

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

The bail was made subject to conditions requiring compliance with the bond, cooperation with the investigation or trial, non-interference with witnesses, abstention from similar offences, avoidance of unnecessary adjournments, and obtaining prior permission before leaving India.

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