Criminal appeal filed against rejection of bail prayer in a case involving SC/ST (POA) Act, IPC, and IT Act offences. Supreme Court directs release on bail subject to conditions.
Appellant released on bail by furnishing bond of Rs.10,000 with two sureties of like amount, subject to conditions regarding Aadhar card and mobile number.
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IN THE HIGH COURT OF JHARKHAND AT RANCHI Criminal Appeal (S.J.) No.244 of 2021
Panchanand Pandey
Versus
1. The State of Jharkhand
2. Sumita Kumari
…. …. Respondents
CORAM: HON’BLE MR. JUSTICE RAJESH KUMAR
For the Appellant : Mr. J. S. Singh, Adv. For the State : Mrs. Vandana Bharti, A.P.P.
06/Dated: 01st November, 2021
1. The instant criminal appeal has been filed against the order dated 29.06.2021 passed in Misc. Cri. Application No.453 of 2021 in connection with Netarhat P.S. Case No.09 of 2021 for the offence under Sections 376(1) and 417 of the Indian Penal Code and under Section 3(x) of the SC/ST (POA) Act and under Section 66(E) of the I.T. Act, by the learned Additional Sessions Judge-Icum-Special Judge, Latehar, whereby and whereunder the prayer for regular bail of the appellant has been rejected. The case is now pending in the court of the learned Additional Sessions Judge-I-cum-Special Judge, Latehar.
2. It has been submitted by the learned counsel for the appellant that the appellant is in jail custody since 12.05.2021 and he is ready to co-operate with trial. It has been alleged that the victim has been exploited on the false pretext of marriage.
3. Counsel for the State has opposed the prayer for bail.
4. In spite of valid service of notice, nobody has appeared on behalf of the victim.
5. Considering the material available on record and the period of custody, 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 the learned Additional Sessions Judge-I-cum-Special Judge, Latehar, in connection with Netarhat P.S. Case No.09 of 2021, subject to the condition that the appellant will submit self-attested photocopy of his Aadhar 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.
6. Accordingly, instant criminal appeal is allowed.
(Rajesh Kumar, J.)
Amar/-
2 issues framed by the court
Whether the appellant, already in jail custody, is eligible for regular bail pending trial for alleged offences under SC/ST (Prevention of Atrocities) Act and IPC.
Whether the rejection of the bail application by the lower court serves any substantial justification.
3 provisions across 3 enactments
Panchanand Pandey
The State of Jharkhand
Sumita Kumari
RAJESH KUMAR
As recorded by the court registry
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