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Madhya Pradesh High Court
Rohit Khan vs The State Of Madhya Pradesh on 6 March, 2026
NEUTRAL CITATION NO. 2026:MPHC-GWL:7898
1 CRA-2011-2026
IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR
BEFORE
HON'BLE SHRI JUSTICE PUSHPENDRA YADAV
ON THE 6 th OF MARCH, 2026
CRIMINAL APPEAL No. 2011 of 2026
ROHIT KHAN AND OTHERS
Versus
THE STATE OF MADHYA PRADESH AND OTHERS
Appearance:
Shri Vishwanath Pratap Singh Tomar - Advocate for the appellants.
Shri Harish Sharma - learned Public Prosecutor for respondent/State.
ORDER
This criminal appeal (first) under Section 14A(2) of the Scheduled Castes and
Scheduled Tribes (Prevention of Atrocities) Act has been filed against the order dated
17.02.2026 passed by the Special Judge, SC/ST Act, Gwalior, whereby the application
moved by the appellants for grant of anticipatory bail under Section 482 of BNSS, as
they are apprehending their arrest in connection with Crime No.807/2024 registered at
Police Station Dabra, District Gwalior for the offences punishable under Sections
115(2), 296, 3(5) of BNS and Sections 3(1)(da), 3(1)(dha) and 3(2)(v,a) of the
S.C.S.T. (P.A.) Act, has been dismissed.
2.Learned Counsel for the State submits that the victim has been informed about
filing of this appeal in compliance with mandate of Section 15-A of the Scheduled
Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.
3. Learned counsel for the appellants submits that appellants are innocent and
have been falsely implicated in this case. It is further submitted that earlier appellants
by giving notice under Section 41-A of Cr.P.C by the concerned Police Station they
were enlarged on bail and cooperated in the investigation. Thereafter, they were not
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informed about filing of the charge sheet, therefore, they could not appear before the
learned trial Court at the time of filing of charge sheet. It is further submitted that no
offence under above-mentioned sections is made out against the appellants. No caste
related abuses have been hurled by the appellants even no specific role has been
attributed to the present appellants. Appellants have lodged FIR bearing Crime
No.805/2024 against the complainant party and as a counterblast, present case has been
registered against the appellants. There is no likelihood of their absconsion. They
undertakes to cooperate in investigation/trial. They are ready and willing to abide by all
the terms and conditions which may be imposed by this Court. Therefore, prays for
grant of anticipatory bail.
4. Per contra, learned counsel for the State opposed the appeal and prayed for its
rejection.
5. Heard learned counsel for the parties and perused the case diary.
6. Having heard learned counsel for the parties and attending facts and
circumstances of the case and the fact that trial will take time, but without expressing
any opinion on merits of the case, this appeal is allowed by setting aside the order
dated 17.02.2026 passed by the Special Judge, SC/ST Act, Gwalior, and it is directed
that in case if the appellants appear before the Investigating Officer/trial Court within
fifteen days from today and furnishes personal bond in the sum of Rs.50,000/- (Rupees
Fifty Thousand Only) each with one solvent surety in the like amount to the
satisfaction of the concerned Investigating Officer/trial Court, then they shall be
released on anticipatory bail.
7.It is made clear that in case if appellants fails to appear before the
Investigating Officer/trial Court within the fifteen days from today, then this order
shall automatically stand cancelled.
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8. The appellants shall further abide by following conditions:-
(i) Appellants shall make themselves available for investigation as may be
directed by the officer, in-charge of investigation;
(ii) Appellants shall not commit or get involved in any offence of similar
nature;
(iii) Appellants shall not directly or indirectly make any inducement, threat or
promise to any person acquainted with the facts of the case so as to dissuade
them/him/her from disclosing such facts to the Court or to the police officer;
(iv) Appellants shall not directly or indirectly attempt to tamper with the
evidence or allure, pressurize or threaten the witness;
(v) Upon submission of final report under Section 173 of Cr.P.C/ 193 of
Bhartiya Nagrik Suraksha Sanhita, 2023, the appellants shall furnish fresh personal
bond and solvent surety of aforementioned amount to the satisfaction of the Trial
Court, if so directed and thereafter, shall remain present on every date of hearing as
may be directed by the concerned Court;
(vi) During trial, the appellants shall ensure due compliance of provisions of
Section 309 of Cr.P.C/ 346 of Bhartiya Nagrik Suraksha Sanhita, 2023, regarding
examination of witnesses in attendance.
9. This order shall be effective till the end of trial. However, in case of
breach of any of the precondition of bail, the Trial Court may consider on merit
cancellation of bail without any impediment of this order.
10. The Trial Court shall get these conditions reproduced on the personal bond
by the accused and on surety bond by the surety concerned. If any of them is unable to
write, the scribe shall certify that he had explained the conditions to the concerned
accused or the surety.
C.C. as per rules.
(PUSHPENDRA YADAV)
JUDGE
Ashish*
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