Bail granted where prime prosecution witnesses turned hostile and trial was unlikely to conclude soon.

The appellant was arrested on 12.06.2025 in connection with Crime No. 340/2025 at Police Station Picchore for the alleged murder of Banti alias Sitaram Jatav, whose body was found in the Budhna river.

The prosecution alleged the appellant and others assaulted the deceased and disposed of the body.

The appellant challenged the order dated 09.05.2026 passed by the Special Judge (Atrocities), Shivpuri, which had dismissed his bail application.

The appellant contended that 17 prosecution witnesses had already turned hostile and no incriminating evidence remained.

Whether the appellant is entitled to be released on bail under Section 14-A(2) of the SC/ST Act, considering the hostility of material witnesses and the duration of his custody.

Section 14-A(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, regarding appeals against bail orders.

Section 483 of the Bhartiya Nagarik Suraksha Sanhita (BNSS), corresponding to the principles of bail under the CrPC.

Sections 103(1), 238, 115(2), and 3(5) of the BNS and Section 3(2)(V) of the SC/ST Act.

Fundamental right to liberty where a trial is unlikely to conclude speedily and evidence appears weak.

The court evaluated the appellant's custody since June 2025 and the fact that the investigation was complete with a charge-sheet filed.

Notably, the court observed that the core of the prosecution's case had weakened significantly as 17 witnesses examined thus far did not support the prosecution's story and were declared hostile.

Relying on the principle that the appellant should not be indefinitely detained when the trial is prolonged and the risk of fleeing or tampering with evidence is remote, the court found the appellant fit for bail, especially as he had no prior criminal antecedents and undertook to cooperate with the trial.

The court held that the appellant be released on bail upon furnishing a personal bond of Rs. 50,000/- with one solvent surety, subject to conditions including non-tampering with evidence, cooperation with the trial, and not leaving the country without permission.