Allowed

Sonu Nayak v. the State of Jharkhand

Jharkhand HC4 Aug 2021Cr.A(SJ)/238/2021

Case brief

AI extract

What is this about?

The High Court allowed an appeal rejecting bail earlier granted under Section 14(A) of the SC/ST (PoA) Amendment Act, 2016. The court directed the release of the appellant on a bail bond of Rs. 10,000 with two sureties, subject to submitting his Aadhaar card and mobile number to the lower court.

What did the court decide?

Directed release on bail by furnishing bond of Rs. 10,000 with two sureties of Rs. 10,000 each, subject to submission of Aadhaar card and mobile number.

Sonu Nayak 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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Cr. Appeal (S.J.) No. 238 of 2021

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Sonu Nayak … … Appellant Versus 1. The State of Jharkhand 2. Roselin Kullu … … Respondents ---

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CORAM: HON’BLE MR. JUSTICE RAJESH KUMAR

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--For the Appellant : Mr. Gaurav, Adv. For the State : Mr. Ashok Kumar, APP For the informant : Ms. M.A. Tete, Advocate

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---

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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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04/04.08.2021: The present application has been filed under Section 14(A) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Amendment Act, 2016.

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Heard learned counsel for the appellant, learned APP for the State and learned counsel for the informant.

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This criminal appeal has been filed against the order dated 22.06.2021 passed by learned Addl. Sessions Judge-cum- Special Judge, Simdega in Special (S.C./S.T.) Case No.4 of 2020 (M.C.A. No.144 of 2021) arising out of Simdega P.S. Case No.89 of 2020 registered under Sections 341, 323, 354(B), 452, 504, 506 and 34 of the Indian Penal Code and Section 3(1)(iii), 3(1)(x) and 3(1)(xi) of the S.C./S.T. (Prevention of Atrocities) Act, by which prayer for bail of the appellant has been rejected.

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It has been further submitted that earlier the prayer for bail of the appellant has been rejected by this Court vide order dated 09.03.2021 passed in Cr. Appeal (S.J.) No.720 of 2020 with an observation that it can be renewed after three months. Accordingly, prayer for bail has been renewed.

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It has been submitted that the appellant is in custody since 17.09.2020. The investigation is complete and the appellant is ready to co-operate with the trial and further undertakes not to disturb the witnesses in any manner.

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On the other hand, counsel for the victim has opposed the prayer for bail on the ground that the matter is not being investigated properly by the authority. In spite of information given to the Superintendent of Police, Simdega, no action is being taken by the police officials.

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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 Addl. Sessions Judge-cum- Special Judge, Simdega in Special (S.C./S.T.) Case No.4 of 2020 (M.C.A. No.144 of 2021) arising out of Simdega P.S. Case No.89 of 2020, 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,

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which he will always keep active and will not change it during pendency of this case without prior permission of the court.

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Accordingly, instant criminal appeal is allowed.

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(Rajesh Kumar, J.)

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Ravi/-

Sonu Nayak v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

Sonu Nayak v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

What the court decided

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