Hostile testimony of material witnesses and parity with co-accused warrant grant of bail under SC/ST Act.

The appellants were arrested on 17.12.2024 and 27.11.2024 in connection with Crime No. 279/2024 at P.S. Fatehrarh, Guna, involving various sections of the Bharatiya Nyaya Sanhita (BNS) and the SC/ST Act.

They filed an appeal under Section 14-A(2) of the SC/ST Act challenging the order dated 11.07.2026 passed by the Special Judge (Atrocities), Guna, which had dismissed their regular bail application under Section 439 of the Cr.P.C.

The appellants sought bail primarily on the grounds that seven material prosecution witnesses, including the complainant, turned hostile during the trial.

1. Whether the appellants are entitled to bail/enlargement on personal bond despite the gravity of the charges, given that the material witnesses failed to support the prosecution's case.

2. Whether the principle of parity applies as a co-accused had already been granted bail.

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

Procedural mandate of Section 15-A of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 regarding victim notification.

Principles of criminal jurisprudence regarding the impact of hostile witnesses on the necessity of continued incarceration and the principle of parity in bail matters.

The Court evaluated the appellants' contention that they had been falsely implicated, noting specifically that all seven material witnesses, including the complainant Jagdish Bhilala, had turned hostile and did not support the prosecution's story.

The Court observed that since these material witnesses had already been examined, there was no risk of the appellants tampering with evidence or influencing witnesses.

The State’s counsel did not controvert the fact that the material witnesses had turned hostile.

The Court took into account that a co-accused had already been enlarged on bail (CRA No. 5480/2026) and that the trial was likely to take a significant amount of time to conclude.

The Court directed that the appellants be released on bail upon furnishing a personal bond of Rs. 50,000/- each with one solvent surety each subject to six specific conditions including cooperation with the trial and not leaving India without permission.