Appeal against rejection of bail in an SC/ST Act case alleging outraging modesty of the informant. The court noted general and omnibus allegations against the appellant and allowed the appeal, setting aside the bail-rejection order.
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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL APPEAL (SJ) No.3083 of 2022
Arising Out of PS. Case No.-13 Year-2022 Thana- SC/ST District- Araria
====================================================== ASHOK YADAV Son of Upendra Yadav Resident of Village - Raghunathpur North , Ward No.08, P.s.- Bhargama, Distt.- Araria. ... ... Appellant/s Versus
... ... Respondent/s ====================================================== Appearance : For the Appellant/s : Mr.Binod Kumar Yadav For the Respondent/s : Mr.Binay Krishna ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER
3 17-11-2022 Heard learned counsel for the appellant, learned counsel for the informant and learned Special Public Prosecutor for the State.
The instant appeal has been filed by the appellant against the order dated 06.08.2022 passed by learned A.D.J. 1st -cum- Special Judge (SC/ST), Araria in ABP No. 1704 of 2022 whereby the prayer for bail of the appellant in connection with SC/ST P.S. Case No. 13 of 2022 under Section 341, 323, 354(B), 504 and 506 of the Indian Penal Code and sections 3(2) (va) of SC/ST Act was rejected.
Allegations against the appellant is of abusing and throwing the informant on earth as a result of which she became half naked.
It is submitted by learned counsel for the appellant
Patna High Court CR. APP (SJ) No.3083 of 2022(3) dt.17-11-2022 2/2
that appellant has been falsely implicated in this case due to village politics. He has not taken the cast name of the informant in public view. No offence is made out under the provisions of the SC/ST Act against him. He has got no criminal antecedent. General and omnibus allegation has been levelled against the appellant.
The appeal for bail is opposed by learned Spl. P.P. for
the State.
Having heard learned counsel for the parties and taking into consideration that there is general and omnibus allegation against the appellant , the Court is inclined to allow this appeal. Accordingly, the appeal is allowed and the impugned order dated 06.08.2022 passed in A.B.P. No. 1704 of 2022 is hereby set aside.
The appellant is directed to be enlarged on bail in connection with Araria SC/ST P.S. Case No. 13 of 2022 on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned A.D.J. 1st -cum-Special Judge (SC/ST), Araria.
(Sunil Kumar Panwar, J)
sushma/- U
1 issue framed by the court
Whether the appellant should be enlarged on bail in a SC/ST Act case based on general and omnibus allegations.
6 provisions across 2 enactments
Ashok Yadav
The State of Bihar
Poonam Devi
Sunil Kumar Panwar
As recorded by the court registry
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