Allowed

Yogendra Prasad Singh v. the State of Jharkhand

Jharkhand HC4 Apr 2019Cr.A(SJ)/245/2019

Case brief

AI extract

What is this about?

TheHigh Court of Jharkhand allowed the criminal appeal, set aside the lower court order rejecting bail, and released the appellants on bail in connection with offences under the SC/ST Prevention of Atrocities Act following an application for bail.

What did the court decide?

The impugned order rejecting bail was set aside. Appellants were directed to be released on bail upon furnishing bond of Rs. 20,000 with two sureties.

Yogendra Prasad Singh Vs the State of Jharkhand — Caste Atrocities | Jharkhand HC (2019)

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IN THE HIGH COURT OF JHARKHAND AT RANCHI Criminal Appeal (S.J.) No. 245 of 2019

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Yogendra Prasad Singh 2. Santosh Singh @ Santosh Kumar Singh … … Appellants Versus

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The State of Jharkhand

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Fagu Mochi ... … Respondents CORAM: HON'BLE MR. JUSTICE RAJESH SHANKAR

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----- For the Appellants : Mr. Devesh Krishna, Advocate For the State : Mr. G.S. Prasad, A.P.P. For the Respondent No. 2 : Dr. H. Waris, Advocate -----

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03/04.04.2019 Heard the learned counsel for the appellants, the learned A.P.P. as well as the learned counsel for the respondent no. 2.

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The present appeal has been preferred against the order dated 27.02.2019 passed by the learned Special Judge, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, Palamau at Daltonganj in connection with SC/ST Case No. 03 of 2016, arising out of Sadar P.S. Case No. 141 of 2007, corresponding to G.R. 492 of 2007 registered for the offences under Sections 406/419/420/34 I.P.C. and Sections 3/4 of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, whereby the learned court has rejected the prayer for bail of the appellants.

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The learned counsel for the appellants submits that the appellants have been falsely implicated in the present case at the instance of the informant/respondent no. 2 and have not committed any offence as alleged. Even on perusal of the written report of the respondent no. 2, it would appear that the main allegation is against co-accused Satya Narayan Singh and Raghunath Singh. So far as the offences under Sections 3/4 of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 is concerned, there is a general allegation of abusing the respondent no. 2 by taking his caste name. The appellants are in judicial custody since 27.02.2019 and, therefore, they may be given the privilege of bail.

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Mr. G.S. Prasad, the learned A.P.P. and Dr. H. Waris, the learned counsel for the respondent no. 2 oppose the prayer for bail. Having heard the learned counsel for the parties and

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considering the materials available on record, I am inclined to enlarge the appellants on bail. As such, the impugned order dated 27.02.2019 passed by the learned Special Judge, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, Palamau at Daltonganj, in connection with SC/ST Case No. 03 of 2016 is hereby set aside.

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Accordingly, the appellants above named are directed to be released on bail on their furnishing bail bond of Rs. 20,000/- (Rupees Twenty Thousand) each with two sureties of the like amount each to the satisfaction of the learned Special Judge, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, Palamau at Daltonganj in connection with SC/ST Case No. 03 of 2016, arising out of Sadar P.S. Case No. 141 of 2007, corresponding to G.R. 492 of 2007.

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The present criminal appeal is accordingly disposed of.

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(Rajesh Shankar, J.)

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Manish

Yogendra Prasad Singh v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

Yogendra Prasad Singh v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

What the court decided

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