Chhatarbali Singh vs State Of Jharkhand

Sanjay Kumar Dwivedi, J

Notice upon the respondent no.2 has been effected and on 3.7.2024 the learned counsel for the respondent no.2 was not present also and identical is the situation today and in view of that, this appeal is being heard in absence of the respondent no.2.

Heard the learned counsel for the appellants and the learned counsel for the respondent State.

This appeal has been preferred against the order dated 21.12.2023 passed by learned Special Judge (SC/ST) Gumla, vide A.B.P. No.697 of 2023 in connection with Complaint Case No.1864 of 2023 under sections 341, 323, 504, 120-B, 34 IPC and section 3(1)(r) S.C/S.T. (Prevention of Atrocities) Act, whereby the learned court has rejected the prayer for anticipatory bail of the appellant and the case is pending before learned Additional Sessions Judge-I Cum Special Judge (S.C/S.T), Gumla.

Learned counsel for the appellants submits that there is no whisper with regard to the ingredients of section 3(1)(r) S.C/S.T. (Prevention of Atrocities) Act so far as these appellants are concerned. She submits that even in solemn affirmation nothing has been stated against these appellants. She submits that the allegations are there against one Mukesh Singh and he is not the appellant in the present appeal.

Learned counsel for the respondent State submits that on the complaint case the learned court has taken cognizance.

Looking to the contents of the complaint petition and the solemn affirmation it transpires that ingredients are there which is made against Mukesh Singh and so far as these appellants are concerned, there are general and omnibus allegations. The relationship was also established by Mukesh Singh and that allegation is not against these appellants, and as such, in the attending facts and circumstances, I am inclined to grant anticipatory bail to the appellants as if prima facie case is not made out, the anticipatory bail can be granted even if the case is registered under the SC/ST (Prevention of Atrocities) Act, 1989.

Accordingly, the appellants, above named, are hereby directed to surrender before the learned court concerned within three weeks from today, and in the event of their surrender/arrest, the appellants, above named, shall be released on bail, on furnishing bail bond of Rs.25,000/-(Rupees Twenty Five Thousand) each, with two sureties of the like amount each, to the satisfaction of learned Additional Sessions Judge-I Cum Special Judge (S.C/S.T), Gumla in connection with Complaint Case No.1864 of 2023, subject to the conditions that appellants shall not, directly or indirectly, make any inducement, threat or undue influence to the prosecution witnesses and the appellants shall appear before the trial court on each and every date given to them by the said learned court till the disposal of the trial.

This appeal is allowed and disposed of and order dated 21.12.2023 passed by learned Special Judge (SC/ST) Gumla, vide A.B.P. No.697 of 2023 is hereby set-aside.

Pending petition, if any, also stands disposed of accordingly.