Allowed

Ram Bali Yadav v. The State Of Jharkhand

Jharkhand HC3 Apr 2018Cr.A(SJ)/105/2018

Case brief

AI extract

What is this about?

In a criminal appeal regarding a plea for bail, the High Court of Jharkhand allowed the appeal. The court set aside the lower court's order rejecting bail. It directed the release of the appellant, who is in custody for offences under the IPC and SC/ST Act, upon depositing an ad interim victim compensation of Rs.10,000 and furnishing a bail bond.

What did the court decide?

Appellant to be released on bail by depositing Rs.10,000 as ad interim compensation to the victim and furnishing a bail bond of Rs.10,000 with two sureties.

Ram Bali Yadav Vs The State Of Jharkhand — Caste Atrocities | Jharkhand HC (2018)

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IN THE HIGH COURT OF JHARKHAND AT RANCHI Cr. Appeal (SJ) No.105 of 2018

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Ram Bali Yadav .... .... …. Appellant Versus 1. The State of Jharkhand 2. Kuleshar Bhuian .... .... .... Respondents

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CORAM : HON'BLE MR. JUSTICE ANIL KUMAR CHOUDHARY

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------ For the Appellant : Mr. Munna Lal Yadav, Advocate For the State : Addl.P.P. For the Respondent No.2 : None ------

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Order No.05 Dated- 03.04.2018

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Heard learned counsel for the appellant and learned counsel for the State.

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Though notice issued has been received by respondent No.2 but no one turns up on behalf of respondent No.2 even after repeated calls.

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This appeal has been preferred by the appellant being aggrieved by the order dated 22.12.2017 passed in B.P. No.1062 of 2017 by the learned Additional Sessions Judge-I, Hazaribag in connection with Chouparan P.S. Case No.244 of 2017 corresponding to G.R. No.3103 of 2017 registered under Section 341, 323, 324, 325, 504, 307, 506, 379 of the Indian Penal Code and under Section 3/4 of the Scheduled Castes and Scheduled Tribes Act, whereby and where under the learned Additional Sessions Judge-I, Hazaribag rejected his prayer for regular bail.

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Learned counsel for the appellant submits that the learned court below failed to take note of the fact that the appellant has been in custody since 25.11.2017 and that for the same occurrence, a counter-case has also been instituted by the appellant. It is lastly submitted that the appellant is ready and willing to pay Rs.10,000/-(Rupees ten thousand) as ad interim victim compensation to the respondent No.2 namely Kuleshar Bhuian without prejudice to his defence in this case. Hence, it is submitted that the impugned order be set aside and the appellant be released on bail.

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Learned Addl.P.P. appearing for the State opposed the prayer for bail of the appellant and defended the impugned order.

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Considering the facts and circumstances of the case, the impugned order dated 22.12.2017 passed in B.P. No.1062 of 2017 by the learned Additional Sessions Judge-I, Hazaribag, being not sustainable in law, is set aside and the appellant, named above is directed to be released on bail during the pendency of this case on depositing a demand draft of Rs.10,000/(Rupees ten thousand) as ad interim victim compensation in favour of the respondent No.2 namely Kuleshar Bhuian without prejudice to his defence in this case and on furnishing bail bond of Rs.10,000/-(Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned J.M. 1^st Class, Hazaribag in connection with Chouparan P.S. Case No.244 of 2017 corresponding to G.R. No.3103 of 2017.

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In case the demand draft is deposited by the appellant, learned court below is directed to issue notice to the respondent No.2 namely Kuleshar Bhuian and on his proper identification, handover the demand draft to him forthwith.

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In the result this appeal is allowed.

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Let a copy of this order be communicated to the learned court below through ‘FAX’ at the cost of Rs.50/-(Rupees fifty) per page to be borne by the appellant.

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(Anil Kumar Choudhary, J . )

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Animesh/

Ram Bali Yadav v. The State Of Jharkhand

Case brief

What is this about?

What did the court decide?

Ram Bali Yadav v. The State Of Jharkhand

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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