Allowed

Indradev Yadav Alias Indardev Yadav v. the State of Jharkhand

Jharkhand HC6 Jul 2022Cr.A(SJ)/76/2022

Case brief

AI extract

What is this about?

The High Court disposed of a criminal bail appeal filed against an interim order. Finding that the investigation was complete under a case registered under the SC/ST (POA) Act and relevant IPC sections, the court directed the appellants to surrender and arrest them to be enlarged on regular bail subject to specified conditions.

What did the court decide?

Conversion of interim bail into regular bail upon surrender, subject to conditions under Section 438(2) Cr.P.C.

Indradev Yadav Alias Indardev Yadav Vs the State of… — Caste Atrocities | Jharkhand HC (2022)

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IN THE HIGH COURT OF JHARKHAND AT RANCHI Criminal Appeal (S.J.) No.76 of 2022

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1. Indradev Yadav @ Indardev Yadav

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2. Ravindra Kumar Yadav @ Ravindra Kumar

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3. Mukesh Yadav @ Mukesh Kumar Yadav @ Mukesh Kumar

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4. Chandar Yadav @ Chandardev Yadav

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5. Dhaneshwar Yadav

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…. …. Appellants

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Versus

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1. The State of Jharkhand

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2. Om Prakash @ Pappu Bhuiyan …. …. Respondents

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CORAM: HON’BLE MR. JUSTICE RAJESH KUMAR

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---For the Appellant : Mr. Baleshwar Yadav, Adv. For the State : Mrs. Vandana Bharti, A.P.P. For the Res. No.2 : Mr. Vikas Kumar, Adv. ----

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08/Dated: 06^th July, 2022

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1. The present appeal has been filed under Section 14(A) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act.

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2. Heard the learned counsel for the appellant and the learned counsel for the State and the learned counsel for the victim.

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3. The appeal has been filed against the impugned order dated 27.01.2022 in A.B.P. No.659 of 2021 passed by the learned Special Judge, SC/ST Act-cum-Additional Sessions Judge-I, Chatra in connection with Gidhour P.S. Case No.30 of 2019, registered for the offence under Sections 147, 149, 379, 504, 506 and 323 of the Indian Penal Code and under Section 3(viii)(x)(xiv) of the SC/ST (POA) Act. The case is presently pending in the court of the learned Special Judge, SC/ST Act-cum-Additional Sessions Judge-I, Chatra.

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4. It has been submitted by the learned counsel for the appellant that the altercation has taken place during ‘Holi’ festival. The FIR has been lodged after the delay of six days. The investigation is already complete and chargesheet has already been submitted.

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5. On the other hand, the learned counsels for the State and the respondent no.2 have opposed the prayer for bail.

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6. Considering the peculiar facts of the case and the fact that the investigation is complete, the appellants, above named, are directed to

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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 their arrest or surrender, they shall be enlarged on bail, on their furnishing bail bond of Rs.10,000/- (Ten Thousand) each with two sureties of the like amount each, to the satisfaction of learned Special Judge, SC/ST Act-cum-Additional Sessions Judge-I, Chatra in connection with Gidhour P.S. Case No.30 of 2019 on the conditions as laid down under Section 438(2) Cr.P.C. Further, the appellants will submit self-attested photocopies of their Aadhaar Cards and also submit their mobile numbers before the learned court below which they 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. In the result, the instant appeal stands allowed and disposed of.

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(Rajesh Kumar, J.)

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Amar/-

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Indradev Yadav Alias Indardev Yadav v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

Indradev Yadav Alias Indardev Yadav v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

What the court decided

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