ORDER 1. Learned counsel for the respondent No. 1/State informed that notice has been duly served on the prosecutrix. 2. Case Diary is available. 3. This first criminal appeal has been filed under section 14-A(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act (in short "Act, 1989") against the order dated 12.4.2025 passed by Special Judge (Atrocities Act), Datia, rejecting the regular bail application of the appellant. 4. The appellant has been arrested on 7.4.2025 in connection with Crime No.284/2021 registered at Police Station - Kotwali, District Datia (M.P.) for commission of offence punishable under section 307/34 of IPC, under section 25(1-A) of Arms Act and under section 3(2)(v) of the Act, 1989. 5. As per prosecution story, on 11.6.2021 at about 11:00 PM while the complainant Chandan was roaming outside of his house, at that time the present appellant along with other co-accused persons came there and with intention to kill the complainant, co-accused Sallu fired upon him by means of katta. Complainant Sallu sustained injury over his thigh and on the next day the complainant lodged an FIR. Accordingly, offence has been registered. 6. Learned counsel for the appellant contended that the appellant is innocent and he has been falsely implicated in the matter. He is in custody since 7.4.2025. FIR is one day belated. Victim sustained only simple injuries. Co-accused Vikendra Rawat has been enlarged on bail vide order dated 2.2.2022 passed in CRA No.1134/2022 in the similar circumstances. Appellant was not having any arm at the time of incident and he did not cause any injury to the victim. Final conclusion of trial will take long time. Hence, he prays that the appellant may be enlarged on bail. 7. Per contra, learned counsel for the respondent/State opposed the criminal appeal and prayed for its rejection by submitting that the appellant was remained abscond for the period of more than four years and he may again abscond if he is released on bail but fairly admits that there is no criminal antecedents against the present appellant. 8. Heard learned counsel for the parties and perused the case diary. 9.
8. Heard learned counsel for the parties and perused the case diary. 9. Considering all the facts and circumstances of the case and also taking note of the fact that main accused is Sallu who fired upon the victim, there is no overact has been assigned regarding the present appellant, investigation is over, appellant has already suffered jail incarceration for more than two months, appellant is not having any criminal past, final conclusion of trial will take long time, this Court is of the view that it is a fit case for grant of bail to the appellant. Accordingly, without commenting anything on the merits of the case, the criminal appeal is allowed and impugned order dated 12.4.2025 is hereby set aside. 10. It is directed that the appellant be released on bail on furnishing a personal bond in the sum of Rs.75,000/- (Rupees Seventy Five Thousand Only) with one solvent surety in the like amount to the satisfaction of the trial Court with a direction that he shall abide by the conditions enumerated under section 480(3) of BNSS. 11. With the aforesaid, present criminal appeal stands allowed and disposed of. 12. Certified Copy as per rules.