MP HC Grants Conditional Anticipatory Bail To Two Men Facing SC/ST Act Charges If They Appear Within 15 Days

The appellants challenged the Special Judge, SC/ST Act, Guna’s order dismissing their application for anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS).

They apprehended arrest in connection with Crime No. 206/2026, registered for offences under Sections 115(2), 296(B), 351(3) and 3(5) of the Bharatiya Nyaya Sanhita, 2023, and Sections 3(1)(da), 3(1)(dha) and 3(2)(va) of the SC/ST (Prevention of Atrocities) Act, 1989.

The appellants submitted that they had earlier been released after notice under Section 41-A CrPC/BNSS, but had not been informed that the charge-sheet was being filed; they denied the allegations and undertook to cooperate with the trial.

The State opposed the appeal, and the Court noted that the victim had been informed of the appeal as required by Section 15-A of the SC/ST Act.

Section 14(2) of the SC/ST Act provides the appellate route invoked by the appellants to challenge the Special Judge’s order.

Section 482 of the BNSS was the provision under which the appellants sought anticipatory bail.

The Court also referred to the victim-notice requirement under Section 15-A of the SC/ST Act.

It granted relief subject to appearance, bond and surety requirements, and conditions concerning cooperation with investigation, non-interference with witnesses or evidence, and attendance during trial.

Having heard the parties and perused the case diary, the Court relied particularly on the fact that the trial would take time to conclude, while expressly declining to express any opinion on the merits.

It allowed the appeal subject to the appellants appearing before the Investigating Officer or trial Court within fifteen days and furnishing the specified bonds and sureties; it also imposed conditions directed at ensuring cooperation and preventing interference with the proceedings.

It directed that the appellants be released on anticipatory bail upon appearing within fifteen days and furnishing a personal bond of ₹50,000 each, with one solvent surety in the like amount.

The order would automatically stand cancelled if they failed to appear within that period.

The bail was to remain effective until the conclusion of trial, subject to the stated conditions and the trial Court’s power to consider cancellation upon breach.