Arun Singh filed a criminal appeal against the rejection of his bail in a case under the SC/ST Acts and IPC. The High Court allowed the appeal and directed his release on bail with specific conditions.
Appellant released on bail with Rs. 10,000 bond and two sureties, subject to submitting Aadhaar and mobile number.
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IN THE HIGH COURT OF JHARKHAND AT RANCHI
Cr. Appeal (S.J.) No. 234 of 2021
Arun Singh @ Barun Singh @ Baun Kumar … … Appellant Versus 1. The State of Jharkhand 2. Sabita Murmu … … Respondents
CORAM: HON’BLE MR. JUSTICE RAJESH KUMAR
For the Appellant : Mr. V.K. Roy, Adv. For the State : Mr. S.K. Shukla, APP
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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.
03/04.08.2021: The present application has been filed under Section 14(A)(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Amendment Act, 2016.
Heard learned counsel for the appellant and learned APP for the State.
This criminal appeal has been filed against the order dated 03.06.2021 passed by learned Special Judge, S.C./S.T. Act, Giridih in connection with Tisri P.S, Case No.19 of 2021 arising out of S.C./S.T. Case No.18 of 2021 registered under Sections 376, 511, 506/34 of the Indian Penal Code and Section 3(i)(s)(w) of the S.C./S.T. (Prevention of Atrocities) Act, by which prayer for bail of the appellant has been rejected.
It has been submitted that the appellant is in custody since 08.02.2021. The investigation is complete and he is ready to co-operate with the trial. The allegation against the appellant is that he has caught the hand of the victim with bad intention. It has been further submitted that the accused is known to the victim and further due to enmity, the appellant has been implicated in this case with false allegation. It has further been submitted that the allegation has been made against Arun Singh, who is brother of the appellant and the appellant has wrongly been implicated in this case. On the above facts, prayer for release has been made.
On the other hand, learned APP has opposed the prayer for bail.
In the attending facts and circumstances of the case, the appellant, above named, is directed to be released on bail, on furnishing bail bond of Rs.10,000/-(ten thousand), with two sureties of the like amount each, to the satisfaction of learned Special Judge, S.C./S.T. Act, Giridih in connection with Tisri P.S, Case No.19 of 2021 arising out of S.C./S.T. Case No.18 of 2021, subject to condition that the appellant will submit self-attested photocopy of his Aadhaar Card and also submit his mobile number before the learned court below, which he will always keep active and will not change it during pendency of this case without prior permission of the court.
Accordingly, instant criminal appeal is allowed.
Ravi/- (Rajesh Kumar, J.)
2 issues framed by the court
Whether the appellant is entitled to release on bail pursuant to Section 14(A)(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Amendment Act, 2016.
Whether the allegations of false implication against the appellant justify his release on bail.
1 provisions across 1 enactments
Arun Singh @ Barun Singh @ Baun Kumar
The State of Jharkhand
Sabita Murmu
RAJESH KUMAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
