Facts
The appellants were arrested in connection with Crime No. 369/2025, registered for alleged offences under Sections 140(2), 140(3) and 61(2) of the Bharatiya Nyaya Sanhita, 2023, and Sections 3(2)(v) and 3(2)(v-a) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989.
Source reference: para. 3The prosecution alleged that the appellants and others abducted and confined the complainant, assaulted him and demanded ransom, knowing that he belonged to a Scheduled Caste; the alleged motive included a prior land dispute and recovery of money
Source reference: para. 3The appellants appealed under Section 14-A(2) of the 1989 Act against the Special Judge’s orders refusing bail.
Source reference: para. 2They submitted that the complainant and his wife had been examined as prosecution witnesses but had turned hostile, that they had been falsely implicated due to the land dispute, and that they had been in custody since 27 June 2025 and 13 August 2025, respectively
Source reference: paras. 2, 4The complainant appeared by video conference and consented to bail
Source reference: para. 1Issues
1. Whether the appellants’ appeals against the Special Judge’s orders refusing bail should be allowed and they should be released on regular bail under Section 14-A(2) of the 1989 Act
Source reference: paras. 2, 72. Whether the appellants’ custody, the complainant’s consent, and the likely time required to conclude the trial supported granting bail
Source reference: paras. 1, 4, 7Law Applied
Section 14-A(2) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 provides the appellate route invoked by the appellants to challenge the Special Judge’s orders refusing bail
Source reference: para. 2The alleged offences arose under Sections 140(2), 140(3) and 61(2) of the Bharatiya Nyaya Sanhita, 2023, and Sections 3(2)(v) and 3(2)(v-a) of the 1989 Act
Source reference: para. 2The Court applied its bail discretion by considering the circumstances before it, including the complainant’s position, the period of detention and the anticipated duration of the trial; it cited no precedent or further specific legal test
Source reference: para. 7Reasoning
The Court considered that the complainant had no objection to bail, the appellants had been detained for a substantial period, and the trial was likely to take further time
Source reference: paras. 1, 4, 7On those circumstances, and without expressing any opinion on the merits, it concluded that the appellants were entitled to regular bail
Source reference: para. 7Holding
The Court allowed both appeals and set aside the Special Judge’s orders dated 3 and 4 August 2026
It directed that each appellant be released on bail upon furnishing a personal bond of ₹50,000 with one surety to the satisfaction of the trial Court, subject to conditions against influencing persons acquainted with the case, prejudicing a fair and expeditious trial, and failure to attend each trial date
Source reference: para. 8Acts & Sections Cited
3 provisions across 2 statutes referred to in this judgment. Each provision opens on LawLens.
Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 19891
Bharatiya Nyaya Sanhita, 20232
Original Court PDF
BAHADUR JAISWALvsSTATE OF CHHATTISGARH
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