01Facts
The appellant was prosecuted in connection with the death of Kajal Bhardwaj, his sister-in-law, who died after consuming poison.
¶ 2The prosecution alleged that the appellant and other members of her in-laws’ family harassed her over dowry and her Scheduled Caste status.
¶ 2The appellant was charged under Section 80(2) of the Bharatiya Nyaya Sanhita, 2023 (BNS), and Section 3(2)(v) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (SC/ST Act).
¶ 2He appealed under Section 14-A(2) of the SC/ST Act against the Special Judge’s order dated 21 August 2026.
¶ 1He relied on the grant of bail to five co-accused, the absence of specific allegations against him in the deceased’s parents’ testimony, his custody since 18 February 2026, and the anticipated length of the trial.
¶ 3The State opposed bail; the complainant/victim did not appear despite notice.
¶ 4–502Issues
i.1. Whether the appellant should be released on bail, having regard to the bail granted to co-accused, the period of custody, and the likely duration of the trial.
¶ 3, 7ii.2. Whether the appeal under Section 14-A(2) of the SC/ST Act should be allowed and the challenged order set aside.
¶ 1, 803Law Applied
Section 14-A(2) of the SC/ST Act provides the procedural basis for an appeal against an order of the Special Court or Exclusive Special Court.
¶ 1In deciding whether to grant bail, the Court considered the circumstances identified in this case: parity with co-accused already released on bail, the period of detention, and the likelihood that the trial would take time to conclude.
¶ 7Provisions in the judgment · 2 · Linked ones open on LawLens
Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 Section 3
Bharatiya Nyaya Sanhita, 2023 Section 80
04Reasoning
The Court considered that five co-accused had already been granted bail, that the appellant had been in custody since 18 February 2026, and that the trial was likely to take time.
¶ 3, 7On those circumstances, and without expressing any opinion on the merits, it found release on bail appropriate.
¶ 3, 7The State’s opposition did not alter that assessment.
¶ 405Holding
The Court allowed the appeal and set aside the impugned order dated 21 August 2026.
¶ 8It directed that the appellant be released on bail upon furnishing a personal bond of ₹25,000 with one surety for the like amount, to the satisfaction of the Trial Court, and required him to appear before that Court as directed.
¶ 9Original Court PDF
MUKESH DAS MAHANTvsSTATE OF CHHATTISGARH
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