Allowed

Rabbani Ansari v. the State of Jharkhand

Jharkhand HC19 Jul 2019Cr.A(SJ)/370/2019

Case brief

AI extract

What is this about?

The High Court of Jharkhand allowed the appeal by the special appellant against an order rejecting bail under the SC/ST Act. The single judge held that since the appellant was named in the case diary after a delay of five years and had been in custody for a considerable time, the earlier bail rejection was set aside and bail was granted subject to standard conditions and a deposit of costs.

What did the court decide?

The impugned order dated 19.03.2019 was set aside; appellant released on bail bonds of Rs. 25,000 with two sureties and deposit of Rs. 1,500 as cost.

Rabbani Ansari Vs the State of Jharkhand — Caste Atrocities | Jharkhand HC (2019)

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IN THE HIGH COURT OF JHARKHAND AT RANCHI Cr. Appeal (S.J.) No. 370 of 2019

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Rabani Ansari ….. Appellant

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Versus

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The State of Jharkhand

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Pradeep Ram ….. Respondents --------CORAM: HON'BLE MR. JUSTICE ANANT BIJAY SINGH --------- For the Appellant : Mr. P.K. Sahay, Advocate. For the State : Mr. P.K. Appu, A.P.P. For the Resp. No. 2 : Mr. Devesh Krishna, Advocate.

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04/Dated: 19/07/2019

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Sole appellant has preferred the instant appeal filed under Section 14-A of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Amendment Act, 2015, being aggrieved and dissatisfied by the order dated 19.03.2019 passed in SC/ST P.S. Case No. 19/2011 by learned Special Judge, SC/ST Act, Hazaribag, arising out of G.R. No. 2355 of 2011, registered under Sections 341, 323, 307, 504 of I.P.C. and Section 3 (1)(ii)(x) of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, whereby and whereunder, prayer for bail of the appellant was rejected.

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On 09.05.2019, the appeal was admitted for hearing and notice was issued to respondent no. 2.

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Pursuant thereto, respondent no. 2 appeared through learned counsel. Learned APP appeared on behalf of the State.

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The case of the prosecution in the written report of one Pradeep Ram addressed to Officer-in-Charge, SC/ST Muffasil, Hazaribag is that love letters were being exchanged with one Saboo and one Munna Gope caught the said letter and thereafter, Islam Ansari, Mokhtar Ansari, Majhar Alam, Akhtar Hussain, Jiahul Ansari, Mobarak Alam, Yusuf Ansari, Jamruddin Ansari, Mihaj Ansari, Saddam Hussain, Kadir Mian, Raju Gope, Jamila Khatoon and Jilani Ansari started assaulting him and abused by his caste name and threatened for dire consequences. On the basis of aforesaid allegations, the instant case was instituted.

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Learned counsel for the appellant submitted that although the occurrence is of 2011 and appellant is not named in the written report and he is in custody since 27.02.2019.

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-2-

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In this case, case diary was called for, which has been received.

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From perusal of case diary, it appears that in para-106 statement of Prem Ram was recorded and after a period of 05 years, on 24.04.2016, he has named this appellant as one of the member, who assaulted the informant.

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Learned counsel for the opposite party no. 2 opposed the prayer for bail.

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Be that as it may, keeping in view the period of custody and also in view of the fact that the name of appellant figures after a period of five years, the impugned order dated 19.03.2019 is set aside.

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The appellant is directed to be released on bail on furnishing bail bonds of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of like amount each to the satisfaction of learned Special Judge, SC/ST, Hazaribagh, in connection with SC/ST P.S. Case No. 19/2011, corresponding to G.R. No. 2355 of 2011, subject to the condition that the appellant shall deposit Rs. 1,500/- by way of cost in the account of Bandi Kalyan Kosh, Birsa Munda Central Jail, Hotwar, Ranchi being A/C No. 490710210000007, Bank of India, Branch-Booty More, Customer ID103610460, IFSC Code No. BKID0004907 and will submit a receipt of the aforesaid deposition before the court below at the time of furnishing bail bonds and appellant is also directed to remain physically present before the court below on each and every date till framing of charge and will cooperate in investigation, failing which the court below will be at liberty to cancel the bail bonds of the appellant.

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The appeal stands allowed.

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Let a copy of order be sent to the court below.

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(Anant Bijay Singh, J.)

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Sunil/

Rabbani Ansari v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

Rabbani Ansari v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

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