Allowed

Nav Gopal Mandal Alias Pro Gopal Mandal Alias Gopal Mandal v. the State of Jharkhand

Jharkhand HC7 Sept 2020Cr.A(SJ)/1129/2019

Case brief

AI extract

What is this about?

Criminal appeal against bail rejection. The High Court allowed the appeal and enlarged the appellant on bail due to a variance in the place of occurrence between the FIR and case diary, facilitating the victim's attendance in class.

What did the court decide?

The appellant is enlarged on bail by furnishing a bond of Rs. 10,000/- with two sureties of like amount each to the Additional Sessions Judge-Icum-Special Judge, Dumka.

Nav Gopal Mandal Alias Pro Gopal Mandal Alias Gopal… — Caste Atrocities | Jharkhand HC (2020)

¶1

IN THE HIGH COURT OF JHARKHAND AT RANCHI Cr. Appeal (S.J.) No. 1129 of 2019

¶2

Nav Gopal Mandal @ Pro. Gopal Mandal @ Gopal Mandal .... Appellant

¶3

Versus

¶4

The State of Jharkhand 2. Priyanka hembram ….. Respondents --------

¶5

CORAM: HON'BLE MR. JUSTICE AMITAV K. GUPTA

¶6

For the Appellant :Mr. R. S. Mazumdar, Sr. Advocate For the State :Ms. Snehlika Bhagat, A.P.P For the Informant :Mr. Indu Shekhar Gupta, Advocate

¶7

08/Dated: 07.09.2020

¶8

1. Office to delete the name of Mr. Ramesh Kumar, and mention the name of Ms. Snehlika Bhagat as the counsel for the State in the cause list.

¶9

2 . This appeal is directed against the order dated 30.09.2019, passed by the court of Learned Sessions Judge-I-cum-Special Judge, Dumka in connection with SC/ST Case No.15 of 2019, whereby the prayer for bail of the appellant has been rejected.

¶10

3 . The appellant is in accused in Dumka (T) P.S. Case No.178 of 2019 registered under Section 354B of the Indian Penal Code and Section 3 (X) of the SC/ST (Prevention of Atrocities Act).

¶11

4 . The prayer for bail has been vehemently opposed by the learned counsel for the informant who has submitted that the appellant as a professor has misused his power and position and outraged the modesty of the victim, a student belonging to tribal community.

¶12

5 . Heard. It appears in the F.I.R the informant has alleged that the appellant had called her to his house at 7.00 a.m. for writing the test whereas in paras 13 and 15 of the case dairy, the C.C.T.V footage of the classroom has been relied on. It is stated that the victim entered the class room at 7.13 a.m and came out at 9:00 a.m. The place of occurrence as mentioned in the F.I.R appears to be at variance to that mentioned in the case diary, accordingly, the appellant is directed to be enlarged on bail, on his furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of the learned Additional Sessions Judge-Icum-Special Judge, Dumka, in connection with S.C./S.T Case No.15 of 2019, corresponding to Dumka (T) P.S. Case No.178 of 2019.

¶13

6 . In the result, the appeal is, hereby, allowed.

¶14

(AMITAV K. GUPTA, J.)

¶15

Rohit / -

Nav Gopal Mandal Alias Pro Gopal Mandal Alias Gopal Mandal v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

Nav Gopal Mandal Alias Pro Gopal Mandal Alias Gopal Mandal 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

Similar cases

Nitish Kumar Jha Vs the State of Jharkhand

Ejaj Ansari Vs the State of Jharkhand

Birsa Toppo Vs the State of Jharkhand

Dayanand Ganjhu Alias Vishal Jee Alias Jitendra Ganjhu Vs the State of Jharkhand

Manoj Kumar Prajapati Vs the State of Jharkhand

Chhatu Mandal Alias Chhathu Mandal Vs the State of Jharkhand