The single judge allowed the appellant's appeal against the rejection of bail in a SC/ST atrocities case, directing release on bail subject to furnishing a monetary amount and sureties and posting an Aadhar Card.
Release on bail by furnishing a bond of Rs. 10,000 with two sureties of the like amount each.
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IN THE HIGH COURT OF JHARKHAND AT RANCHI
Cr. A (SJ) No. 27 of 2021 Ajay Tiwari …..Appellant Versus 1. The State of Jharkhand 2. Anita Devi ….Respondents ----- Coram: HON’BLE MR JUSTICE RAJESH KUMAR ----- For the Appellant : M/s Jai Prakash, Sr. Adv. Mr. Yogesh Modi, Adv. For the State : Mr. Ravi Prakash, Spl. P. P. For the Resp. No.2 : Mrs. Seema Kumari Singh, Advocate. -----
The matter was taken up through Video Conferencing. Learned counsels for the parties had no objection with it and submitted that the audio and video qualities were good.
05/02.08.2021 Heard the parties.
The appellant has preferred this appeal under Section 14 (A) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act being aggrieved and dissatisfied by the order dated 16.12.2020 passed by the court of learned District and Additional Sessions Judge-I-cum- Special Judge,SC/ST Act, Koderma in MCA No. 384 of 2020 in connection with Nawalshahi P.S. Case No. 90 of 2018 corresponding to SC/ST Case No. 04 of 2020, whereby the bail petition of the appellant was rejected.
Learned counsel for the appellant has submitted that the appellant is in custody since 21.09.2020. Investigation is complete and charge sheet had been submitted on 17.11.2020. The FIR has been lodged on 05.11.2018, although the incident is of dated 29.09.2018. Medical report does not support the allegation. Further in split up trial, the main accused namely Sitaram Tiwari has already been acquitted by the Court of District & Additional Sessions Judge-I-cum-Special Judge (SC/ST), Koderma vide judgment dated 04.03.2020. In the statement of the victim recorded under Section 164 of the Cr.P.C., she has not supported the allegation against this appellant. It has been further submitted that another co-accused namely Upendra Tiwari has already been granted bail by this Court in Cr. A. (SJ) No. 44 of 2021 vide order dated 14.07.2021. On the above fact, prayer for bail has been made.
Learned counsel for the State has opposed the prayer for bail. Learned counsel for the respondent no. 2 has not opposed the prayer for bail.
In the attending facts and circumstances of the case and considering the material available on records, the appellant is directed to be released on bail, on furnishing bail bond of Rs.10,000/- (Ten thousand only) with two sureties of the like amount each to the satisfaction of learned District and Additional Sessions Judge-I-cum- Special Judge, SC/ST Act, Koderma in
connection with Nawalshahi P. S. Case No. 90 of 2018 corresponding to SC/ST Case No. 04 of 2020 subject to the condition that the appellant will submit self attested copy of his Aadhar Card and his mobile number before the learned court below which he will not change during pendency of this case without prior permission of the court.
Accordingly, the instant appeal is allowed and the impugned order dated 16.12.2020 passed the court of learned District and Additional Sessions Judge-I-cum- Special Judge,SC/ST Act, Koderma corresponding to SC/ST Case No. 04 of 2020 is, hereby, set aside.
(Rajesh Kumar, J.)
kamlesh/
2 issues framed by the court
Whether an appeal by a convicted or arrested appellant challenging rejection of bail is maintainable under Section 14(A) of the SC/ST Act.
Whether the appellant is entitled to bail after investigation is complete and the charge sheet has been filed, and considering acquittal of other co-accused.
2 provisions across 2 enactments
Ajay Tiwari
State of Jharkhand
Anita Devi
RAJESH KUMAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
