Allowed

Rajesh Prasad Singh Alias Rajeshwar Prasad Singh v. the State of Jharkhand

Jharkhand HC9 Aug 2021Cr.A(SJ)/400/2019

Case brief

AI extract

What is this about?

Criminal appeal filed against rejection of anticipatory bail. The High Court granted the privilege of anticipatory bail, directing surrender and bail terms, influenced by the fact that a co-accused had already been enlarged on bail. Appeal allowed.

What did the court decide?

Anticipatory bail granted; appellant directed to surrender within four weeks and furnish a bond of Rs. 10,000 with two sureties.

Rajesh Prasad Singh Alias Rajeshwar Prasad Singh Vs the… — Caste Atrocities | Jharkhand HC (2021)

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IN THE HIGH COURT OF JHARKHAND AT RANCHI Criminal Appeal (SJ) No. 400 of 2019

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.... Rajesh Prasad Singh @ Rajeshwar Prasad Singh .… Appellant Versus 1. The State of Jharkhand 2. Kanu Ram Nag .... Respondents .... CORAM: HON’BLE MR. JUSTICE RAJESH KUMAR For the Appellant : Mr. A.K.Kashyap, Sr. Adv. Mr. S.N.Prasad Rai, Adv. For the State : Mr. Sardhu Mahto, A.P.P.

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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 are good.

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06/09.08.2021 The present application has been filed under Section 14(A) (2) of the Schedule Castes/Schedule Tribes (Prevention of Atrocities) Act.

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Heard learned counsel for the appellant and learned counsel for the State. This criminal appeal has been filed against the order dated 25.03.2019 passed by the court of learned Additional Sessions Judge-I, Sahibganj in A.B.P. No.323 of 2018 arising out of Sahibganj (T) P.S. Case No. 60 of 2018, corresponding to G.R. Case No.411 of 2018 for the offence under Sections 341/ 332/ 353/ 201/ 120B and 506/34 of the Indian Penal Code and Section 3(r) of the SC/ST (Prevention of Atrocities) Act by which prayer for anticipatory bail of the appellant has been rejected.

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It has been submitted that the Executive Officer of district Board, Sahibganj has lodged a case against this appellant and one Sujeet Kumar Singh, who were his subordinates for making videography and using abusive language in the office. It has been further submitted that the appellant was show caused vide memo dated 30.05.2018 for the said offence, but there is no mention of abusive language in the notice except videography. The allegation has been made against this appellant and one Sujeet Kumar Singh. The said Sujeet Kumar Singh has already been granted bail by a Co-ordinate Bench of this Court vide order dated 17.10.2019 passed in Cr. Appeal (S.J.) No.563 of 2019. On above facts, prayer for bail has been made.

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On the other hand, learned APP has opposed the prayer.

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Considering the fact that the co-accused has already been enlarged on bail, I am inclined to grant the privilege of anticipatory bail to the appellant. Accordingly, the appellant is directed to surrender in the court below within four weeks from the date of receipt/ production of the copy of this order and in the event of his arrest or surrender, he shall be enlarged on bail, on his furnishing bail bond of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each, to the

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satisfaction of learned Additional Sessions Judge-I, Sahibganj in connection with Sahibganj (T) P.S. Case No. 60 of 2018, corresponding to G.R. Case No.411 of 2018 on the conditions as laid down under Section 438(2) Cr.P.C., subject to 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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Accordingly, instant criminal appeal is allowed. Pending I.A., if any, stands disposed of.

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(Rajesh Kumar, J.)

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Shahid/

Rajesh Prasad Singh Alias Rajeshwar Prasad Singh v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

Rajesh Prasad Singh Alias Rajeshwar Prasad Singh v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

What the court decided

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