Court criticizes State for failing to verify crucial evidence; appellant's tribal status exempts him from certain charges.
In a significant judgment, the Madhya Pradesh High Court, under Justice Ramkumar Choubey, has granted anticipatory bail to Mulam Singh Gond, a member of the Scheduled Tribe community, in connection with a criminal case involving allegations of abduction. The court's decision was pronounced on May 18, 2026, following an appeal against the rejection of bail by the Special Judge, SC/ST (Prevention of Atrocities) Act, Sagar.
The case originated from an FIR registered at Police Station Kesali, District Sagar, involving serious charges under the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) and the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. The appellant was accused of driving the vehicle used in the alleged abduction of a young woman by co-accused Sanju Patel and his accomplices.
The court noted that the provisions of the SC/ST Act do not apply to Gond, as he belongs to a Scheduled Tribe community, "Goud." Additionally, the court highlighted the State's failure to verify crucial CCTV footage and documents submitted by Gond, despite repeated directives. The footage was deemed critical to establish whether Gond was indeed driving the vehicle at the time of the alleged crime.
In his defense, Gond maintained that he was unaware of the vehicle's use in the crime, as it was borrowed by Sanju Patel under the pretext of dropping his mother at another location. Gond, a government employee, emphasized his readiness to cooperate with the investigation and argued that there was no risk of him fleeing or tampering with evidence.
The court expressed concern over the State's inability to produce verification reports for the submitted evidence, particularly the CCTV footage, which could have substantiated the claims against Gond. This failure played a pivotal role in the court's decision to grant bail.
Justice Choubey ordered that Gond be released on a personal bond of Rs. 50,000, along with a surety of the same amount, should he face arrest. The appellant is required to comply with the conditions outlined in Section 438(2) of the Cr.P.C., ensuring his cooperation with the investigation and appearance in court as necessary.
The judgment underscores the importance of thorough evidence verification in criminal cases and highlights the legal protections afforded to members of Scheduled Tribes under Indian law.
Bottom line:-
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 - Provisions do not attract against a person belonging to a Scheduled Tribe community. Failure of the State to verify CCTV footage and other documents submitted by the appellant led to the grant of anticipatory bail.
Statutory provision(s): Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 Sections 3(1)(w)(i), 3(2)(v), 14-A(2); Bharatiya Nagarik Suraksha Sanhita, 2023 Sections 87, 64(2); Cr.P.C. Section 438(2).
