MP HC Grants Bail To Man Accused Of Fatal Rally Shooting After Eyewitnesses And Injured Witnesses Turn Hostile

The appellant was arrested in connection with a case alleging that, during a rally, he and others abused members of a Scheduled Caste community and fired shots, causing the death of Sanjay Jatav and injuries to Ranu Jatav.

The appellant faced charges under Sections 103(1), 109, 351(2), 191(2), 191(3) and 190 of the Bharatiya Nyaya Sanhita, 2023, and Sections 3(2)(v), 3(1)(da) and 3(1)(dha) of the SC/ST (Prevention of Atrocities) Act, 1989.

After the Special Judge dismissed his bail application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, the appellant appealed under Section 14-A(2) of the SC/ST Act.

He argued that the material witnesses, including the eyewitnesses and injured witness, had turned hostile, that he had been in custody since 15 April 2025, and that the trial would take time to conclude.

The State opposed the appeal.

Section 14-A(2) of the SC/ST Act provides the appellate route invoked to challenge the Special Judge’s order; Section 483 of the BNSS was the provision under which the appellant’s bail application had been made.

The Court also recorded that the victim had been informed of the appeal in compliance with Section 15-A of the SC/ST Act.

No precedent or broader bail test was expressly cited; the Court assessed the appeal in light of the case’s attending facts and circumstances.

The Court considered that all material witnesses, including eyewitnesses and the injured witness, had turned hostile and had not supported the prosecution case.

It also noted that the trial would take time to conclude.

On those circumstances, and without commenting on the merits, the Court concluded that bail was appropriate.

Release was subject to conditions, including cooperation with the trial, non-interference with witnesses, avoiding similar offences and unnecessary adjournments, and not leaving India without prior permission.