Allowed

Rohit Kumar Gupta v. the State of Jharkhand

Jharkhand HC7 Jul 2021Cr.A(SJ)/119/2021

Case brief

AI extract

What is this about?

The High Court allowed a criminal appeal filed under the SC/ST (Prevention of Atrocities) Act, setting aside an order that kept appellants in custody. The court directed their release on bail subject to conditions including bond furnishing, compensation deposit, and active contact provision.

What did the court decide?

Released on bail with bond of Rs.10,000 each, condition to deposit Rs.25,000 each as ad-interim compensation, and submit active contact details.

Rohit Kumar Gupta Vs the State of Jharkhand — Caste Atrocities | Jharkhand HC (2021)

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IN THE HIGH COURT OF JHARKHAND AT RANCHI

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Criminal Appeal (S.J.) No.119 of 2021

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Rohit Kumar Gupta 2. Ajit Kumar Gupta @ Ajit Kr. Gupta … … Appellants Versus

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The State of Jharkhand 2. Ravindra Nath Kujur … … Respondents

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CORAM: HON’BLE MR. JUSTICE RAJESH KUMAR

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--- For the Appellants : Mr. R.S. Mazumdar, Sr. Adv. : Mr. Rohan Mazumdar, Adv. For the State : Mr. Suraj Verma, A.P.P.

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The matter was taken up through Video Conferencing. Learned counsel for the parties had no objections with it and submitted that the audio and video qualities are good.

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03/07.07.2021: The present appeal has been filed under Section 14(A) of the Scheduled Castes/Scheduled Tribes (Prevention of Atrocities) Act.

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2. Heard Mr. R.S. Mazumdar, learned senior counsel appearing for the appellants assisted by Mr. Rohan Mazumdar, Adv. and Mr. Suraj Verma, learned A.P.P. appearing for the State.

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3. The criminal appeal has been filed against the impugned order dated 08.03.2021 passed by the learned Additional Sessions Judge-I, Sahibganj, in M.C.A. No.58 of 2021 in connection with Barharwa SC/ST P.S. Case No.02 of 2021, for the offence u/s Sections 120(B), 406, 467, 468, 471 and 34 of the Indian Penal Code and u/s 3/4 of the S.C./S.T. (Prevention of Atrocities) Act, now pending in the court of the learned Additional Sessions Judge-I, Sahibganj.

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4. It has been submitted by the learned senior counsel for the appellants that the appellants are in custody since 19.02.2021. The investigation is complete and they are ready to co-operate in the trial. Further, it has been submitted that the member of the Scheduled Tribe community has been exploited by the money lenders who are accused in the present case. It has been further submitted that both the appellants are ready to pay Rs.25000/- each as ad-interim compensation to the victim. On the above facts, prayer for bail has been made.

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5. Learned counsel for the State has opposed the prayer for bail.

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6. In view of the facts and circumstances of the case and perusal of the case diary, the appellants, above named, are directed to be released on bail, on furnishing bail bond of Rs.10,000/-(Ten Thousand) each with two sureties of the like amount each, to the satisfaction of the learned Additional Sessions Judge-I, Sahibganj, in connection with Barharwa SC/ST P.S. Case No.02 of 2021, subject to the condition that the appellants will deposit Rs.25000/- each as ad-interim compensation in the court below before their release without prejudice to their defence and the same should be released in favour of the victim and the appellants will submit self-attested photocopies of their Aadhar Card and also submit their mobile numbers before the learned court below which they will always keep active and will not change it during pendency of this case without prior permission of the court.

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7. Accordingly, instant criminal appeal is allowed and the impugned order dated 08.03.2021 passed by the learned Additional Sessions Judge-I, Sahibganj, in M.C.A. No.58 of 2021 in connection with Barharwa SC/ST P.S. Case No.02 of 2021 is, hereby, set aside.

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(Rajesh Kumar, J.)

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Amar/-

Rohit Kumar Gupta v. the State of Jharkhand

Case brief

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Rohit Kumar Gupta v. the State of Jharkhand

Case brief

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