Allowed

Sidharth Sankar Dubey v. the State of Jharkhand

Jharkhand HC2 Aug 2021Cr.A(SJ)/35/2021

Case brief

AI extract

What is this about?

In this criminal appeal, the High Court of Jharkhand allowed the appeal and set aside the Special Judge's order rejecting the appellant's bail prayer in a case involving land dispute allegations under the SC/ST (POA) Act and IPC.

What did the court decide?

The impugned order rejecting the prayer for bail dated 06.01.2021 is set aside, and the appellant is released on bail subject to specified conditions.

Sidharth Sankar Dubey Vs the State of Jharkhand — Caste Atrocities | Jharkhand HC (2021)

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IN THE HIGH COURT OF JHARKHAND AT RANCHI Criminal Appeal (S.J.) No.35 of 2021

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Sidharth Sankar Dubey … … Appellant

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Versus

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The State of Jharkhand 2. Ashish Kumar Paswan … … Respondents

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CORAM: HON’BLE MR. JUSTICE RAJESH KUMAR

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--- For the Appellant : Mr. Prakash Kumar, Adv. For the State : Mr. Arup Kr. Dey, A.P.P. For the Res. No.2 : Mr. Satish Prasad, Adv. ---

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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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05/02.08.2021: The present appeal has been filed under Section 14(ii) of the Scheduled Castes/Scheduled Tribes (Prevention of Atrocities) Act.

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2. Heard Mr. Prakash Kumar, learned counsel appearing for the appellant and Mr. Arup Kr. Dey, learned A.P.P. appearing for the State and Mr. Satish Prasad appearing for the respondent no.2.

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3. This appeal is directed against the order dated 06.01.2021, passed by the court of learned Special Judge, SC/ST (POA) Act, Palamau, whereby the prayer for bail of the appellant has been rejected in SC/ST Case No.06 of 2020 (C.M.C.A. No.1392 of 2020) arising out of Chainpur P.S. Case No.104 of 2019, registered for the offence under Sections 341, 323, 385, 504 read with Section 34 of the of the Indian Penal Code and Section 3 (1) (g) (r) (s) of the SC/ST (Prevention of Atrocities) Act, 1989.

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4. It has been submitted by the learned counsel for the appellant that the appellant is in custody since 11.12.2020. As per the allegation made in the F.I.R., it appears that the occurrence had taken place due to a land dispute. From the annexures attached herein, it transpires that the appellant has also instituted Title Suit being Title Suit No.148 of 2020 for declaration of his right, title and interest over the land in question. Further, it has been submitted that the other co-accused person namely Parikshit Dubey @ Budhan Dubey in Cr. Appeal (S.J.) No.640 of 2020 vide order dated 22.03.2021 has been granted bail by a co-ordinate bench of this Court.

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5. Learned counsel for the State and learned counsel for the respondent no.2 have opposed the prayer for bail.

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6. Considering the nature of dispute and taking into account that the appellant is in custody since 11.12.2020, accordingly the appellant is directed to be released on bail on his furnishing bail bond of Rs.10,000/(ten thousand) with two sureties of like amount each, to the satisfaction of learned Special Judge, SC/ST (POA) Act, Palamau, in SC/ST Case No.06 of 2020 arising out of Chainpur P.S. Case No.104 of 2019, 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.

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7. Accordingly, this criminal appeal is allowed and the impugned order dated 06.01.2021 passed by the learned Special Judge, SC/ST (POA) Act, Palamau in SC/ST No.06 of 2020 corresponding to Chainpur P.S. Case No.104 of 2019 is, hereby, set aside.

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(Rajesh Kumar, J.)

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Amar/-

Sidharth Sankar Dubey v. the State of Jharkhand

Case brief

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Sidharth Sankar Dubey v. the State of Jharkhand

Case brief

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