Bharat Kumar Sharma vs State Of Jharkhand And Ors

Counter-affidavit has been filed by the respondent â€" State of Jharkhand during the court proceedings, which is taken on record.

Heard Mr. Rakesh Kumar Sinha, counsel appearing on behalf of the appellant. He submits that the appellant is personally present in the Court

today.

Learned counsel for the appellant submits that the present appeal is directed against the order dated 10.05.2019 passed in Misc. Cri. Application

No. 1425/2019 by learned Additional Sessions Judge-I cum Special Judge at Jamshedpur in Bistupur Police Station Case No. â€" 97/2019 dated

28.03.2019, registered under Sections 354/506 of the Indian Penal Code, Sections 66/67/67A of the Information Technology Act, 2008 and Section

3(XI) of the Schedule Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989; corresponding to SC/ST Case No. 53/2019, whereby and

whereunder the court below has been pleased to reject the prayer for grant of regular bail of the petitioner; the aforesaid case is pending in the court

of learned Additional Sessions Judge-I at Jamshedpur.

Learned counsel for the appellant further submits that the appellant is in custody since 12.04.2019. He submits that the respondent no. 2 has already

deposed before the learned court below and has been declared hostile. The deposition of respondent no. 2 has been annexed along with

supplementary-affidavit filed in the present case as Annexure-3. He submits that considering the facts and circumstances of this case, the appellant

may be released on bail.

Counsel appearing on behalf of the respondent no. 2 submits that the respondent no. 2 is present in the Court and upon instructions from respondent

no. 2, she does not dispute that the respondent no. 2 has been declared hostile in the proceedings before the learned court below.

Counsel for the State also does not dispute the fact that the respondent no. 2 has been declared hostile.

Considering the submissions of the appellant and the fact that the respondent no. 2 has been declared hostile, the counsel for the respondent no. 2

upon instructions from her client, submits that she has no serious objection if the appellant is enlarged on bail.

Considering the facts and circumstances of this case and the fact that the respondent no. 2 i.e. the victim herself, has been declared hostile by the

learned court below as is apparent from the deposition annexed along with the supplementary-affidavit filed by the appellant, impugned order dated

10.05.2019 is hereby set-aside and the present appellant is directed to be enlarged on bail on furnishing bail bond of Rs. 25,000/-(Rupees twenty five

thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge-I at Jamshedpur in connection with

Bistupur Police Station Case No. â€" 97/2019 corresponding to SC/ST Case No. 53/2019, on the following conditions:

(i) The appellant would cooperate with proceedings before the learned court below.

(ii) The appellant would submit his Xerox copy of Aadhar card and cell number before the court below at the time of furnishing bail bonds.

(iii) One of the bailors should be close family member of the appellant.

This criminal appeal is hereby allowed.

Let a copy of this order be communicated to the learned court below through ‘FAX’.