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Madhya Pradesh High Court
Shashwat Jain vs The State Of Madhya Pradesh on 24 February, 2026
NEUTRAL CITATION NO. 2026:MPHC-JBP:15839
1 CRA-1717-2026
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE RAJENDRA KUMAR VANI
ON THE 24th OF FEBRUARY, 2026
CRIMINAL APPEAL No. 1717 of 2026
SHASHWAT JAIN
Versus
THE STATE OF MADHYA PRADESH AND OTHERS
Appearance:
Mr. Nitin Jain - Advocate for appellant.
Ms. Vineeta Sharma - Deputy Government Advocate for respondent No.1/State.
Mr. Ashish Prajapati - Advocate along with respondent No.2 - Satwik Bhojak are
present.
ORDER
The appellant has filed this first criminal appeal under Section 14-A(1)
of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act,
1989 being aggrieved by order dated 09.02.2026 passed in bail application
No.409 of 2026 passed by the Special Judge under the Scheduled Castes and
Scheduled Tribes (Prevention of Atrocities) Act, Jabalpur, MP whereby his
bail application filed under Section 482 of BNSS, 2023, has been rejected.
2. The appellant is apprehending his arrest in connection with FIR/Crime
No.54 of 2026 registered at police station - Kotwali, Jabalpur, District
Jabalpur for offences punishable under Sections 296(b), 115(2), 118(1),
119(1) and 351(3) of the BNS, 2023 and Sections 3(1)(r), 3(1)(s) and 3(2)
(va) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities)
Act, 1989.
3. Learned counsel for present appellant has submitted that the appellant is
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innocent and he has been falsely implicated in this case. As per the
prosecution case, the complainant/respondent No.2 himself entered into the
shop of the present appellant. It is alleged that a dispute arose between the
appellant and respondent No.2 regarding the placing of shoes outside the
shop and during the course of the said altercation, the complainant sustained
injuries due to came into the contact of sharp edge of the counter of shop. It
is submitted that the present appellant has not committed any marpeet with
the complainant/respondent No.2. Except the offence under Section 119 of
the BNS, 2023, the remaining offences alleged are not punishable with
imprisonment exceeding seven years. It is further submitted that a counter-
FIR has also been lodged in the matter. Although the same was registered
with a delay of two days, the date, time, and place of occurrence mentioned
therein are identical to those in the present case. The said counter-FIR has
been registered under Sections 296, 115(2), and 351(2) of the BNS, 2023. In
the aforesaid circumstances, it is submitted that the appellant has been falsely
implicated and has a good case on merits. He is not having any criminal
antecedents. He is ready to comply with the conditions as may be imposed
by this Court. Therefore, it is prayed that the appellant may be granted
benefit of anticipatory bail.
4. Per contra, learned counsel appearing for the State as well as respondent
No.2/complainant, who is present along with his counsel, have vehemently
opposed the appeal. It is submitted that respondent No.2 sustained grievous
injuries and remained admitted in Metro Hospital, Jabalpur for a period of
two days. It is further contended that although the injuries have been opined
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to be simple in nature, yet considering the manner of the incident and the
injuries sustained by respondent No.2, no case is made out for grant of
anticipatory bail to the appellant. In view of the aforesaid submissions,
prayer has been made for rejection of the present appeal.
5. I have heard learned counsel for the parties. Considering the
submissions made by learned counsel for the parties and the entire facts and
circumstances of the case, this Court is inclined to release the present
appellant on anticipatory bail.
6. Thus, without commenting on the merits of the case, the appeal is
allowed and it is directed that the appellant be released on bail upon her
furnishing a personal bond in the sum of Rs.70,000/- (Rupees Seventy
Thousand Only) with one solvent surety in the like amount to the satisfaction
of the concerned trial Court/Committal Court.
7. This order will remain operative subject to compliance of the following
conditions by the appellant :-
"i) The appellant will comply with all the terms and conditions of the
bond executed by him;
ii) The appellant will cooperate in the investigation/trial, as the case
may be;
iii) The appellant will not indulge himself in extending inducement,
threat or promise to any person acquainted with the facts of the case so as to
dissuade him/her from disclosing such facts to the Court or to the Police
Officer, as the case may be;
iv) The appellant shall not commit an offence similar to the offence
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of which he is accused;
v) The appellant will not seek unnecessary adjournments during the
trial;
vi) The appellant will not leave India without previous permission of
the trial Court/Investigating Officer, as the case may be and;
vii) If any of the aforesaid conditions is violated, then this order shall
lose its effect automatically."
8. Copy of this order be sent to the trial Court concerned for compliance
by the office of this Court.
Certified copy as per rules.
(RAJENDRA KUMAR VANI)
JUDGE
THK
