Allowed

Bipesh Kumar v. the State of Jharkhand

Jharkhand HC3 Nov 2021Cr.A(SJ)/393/2021

Case brief

AI extract

What is this about?

Special Criminal Appeal filed against the rejection of a regular bail application. The Special Judge, having heard counsel, granted bail subject to specific conditions including furnishing a bond, sureties, and undertakings regarding identity and contact details.

What did the court decide?

Grant of regular bail on furnishing a bond of Rs. 10,000 with two sureties of like amount and undertaking to submit Aadhaar details and maintain active contact.

Bipesh Kumar 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. 393 of 2021 Bipesh Kumar @ Vipesh Kumar … … Appellant Versus 1. The State of Jharkhand 2. Sneha Tirki @ Sneha Tirkey … … Respondents ---

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CORAM: HON’BLE MR. JUSTICE RAJESH KUMAR

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--For the Appellant : Mr. Pankaj Shrivastav, Adv. For the State : Mr. V.K. Vashisth, APP For the Victim : none

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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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05/03.11.2021: 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 and learned counsel for the State. In spite of service of notice, nobody appears on behalf of the victim.

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This criminal appeal has been filed against the order dated 02.09.2021 passed by learned Special Judge, S.C./S.T. Act-cum-Addl. Sessions Judge-I, Seraikella in M.C.R.A No.500 of 2021 in connection with Adityapur P.S. Case No.222 of 2020, corresponding to Ranchi (Mahila) P.S Case No.00 of 2020, registered under Sections 376 (2) (n), 417, 342, 313, 323 and 506 of the Indian Penal Code and Section 3(i) (x) of the S.C./S.T. (Prevention of Atrocities) Act, by which prayer for regular bail of the appellant has been rejected.

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It has been submitted by learned counsel for the appellant that the appellant is in custody since 07.08.2021. Investigation is complete and the appellant is ready to co-operate with the trial. It has been further submitted that there is relationship with the victim since last ten years and due to misunderstanding, present case has been lodged. In view of above fact, prayer for regular bail has been made.

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On the other hand, learned A.P.P. for the State has opposed the prayer for bail.

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Considering the nature of allegations and the period of custody, I am inclined to grant bail to the appellant, above named, 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-cum-Addl. Sessions

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Judge-I, Seraikella in connection with Adityapur P.S. Case No.222 of 2020 corresponding to Ranchi (Mahila) P.S Case No.00 of 2020, on the condition that the appellant will submit self-attested photocopy of the 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.

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Accordingly, instant criminal appeal is allowed and disposed of.

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(Rajesh Kumar, J.)

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Ravi/-

Bipesh Kumar v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

Bipesh Kumar v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

What the court decided

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