Dablu Gorai vs State Of Jharkhand

Sanjay Prasad, J

This Criminal Appeal has been filed on behalf of the appellants challenging the order dated 04.02.2025, passed by Sri Rajni Kant Pathak, the learned Special Judge, SC/ST Act, Dhanbad, by which prayer for bail made on behalf of the appellants, namely 1.Dablu Gorai, 2.Dulal Gorai and 3.Pradeep Gorai has been rejected in connection with Rajganj P.S. Case No. 51 of 2024, registered for the offences under Sections 191(2), 191(3), 127(1), 115(2), 118(1), 303(2), 109, 329(4), 351(2), 352 of Bharatiya Nyaya Sanhita & Section 3, 4 of Scheduled Caste and the Scheduled Tribe (Prevention of Atrocities) Act, pending in the Court of Sri Rajni Kant Pathak, learned Special Judge, S.C./S.T. Act, Dhanbad.

As per F.I.R., the appellants and Three

(3) other co-accused persons are alleged to have entered into the house of the Informant and started abusing them and also allegedly assaulted the Informant, namely Sonoka Kumari and her mother-in-law by Lathi, Tangi and Rod etc. due to which they sustained injuries on their head and hand and the accused persons are also alleged to have snatched Rs.9,000/- and jewellery and thereafter, she and her Mother-in-law were taken to SNMMCH Hospital, Dhanbad.

Heard Mr. Shailesh Kr. Singh, learned counsel for the appellants, Mr. Fahad Allam, learned counsel for the State and Mr. Rakesh Kumar, learned counsel for the Informant.

Learned counsel for the appellants submitted that the appellants are innocent. It is submitted that the case has been compromised between the parties and the Informant and the accused-appellants are also the member of same Schedule Caste community and also share common ancestors and hence, provisions of Scheduled Caste and the Scheduled Tribe (Prevention of Atrocities) Act are not attracted against them. It is submitted that the appellants have got no criminal antecedent. It is

submitted that the appellants also have filed joint compromise petition on 25.04.2025 vide I.A. No. 5575 of 2025. It is submitted that the appellants are in custody since 21.01.2025, hence they may be enlarged on bail.

On the other hand, learned counsel for the State has raised objection. It is submitted that four persons have sustained injury, hence prayer for bail may be rejected. However, learned A.P.P. could not controvert the fact that the Informant and the appellants are also the member of same scheduled Caste community.

However, learned counsel for the Informant submitted that the case has been compromised between the appellants and the Informant. It is submitted that the Informant and the other injured persons have got no grievance against the appellants now. It is submitted that the Informant and the appellants are also members of the same Scheduled Caste community and the Informant side has no objection if the appellants are released on bail.

Having heard learned counsel for the appellants, learned counsel for the State and learned counsel for the Informant and on perusal of the

record, it appears that the appellants and the Informant are related with each other.

It further appears that although some persons had sustained injuries, but the case has been compromised between the appellants and the Informant side.

It also appears that a joint compromise petition has been filed on 25.04.2025 vide I.A. No. 5575 of 2025 by the appellants and the Informant.

The above I.A. No. 5575 of 2025 has been signed by Abhijeet Kumar Singh, learned counsel appearing on behalf of the appellants and Mr. Rakesh Kumar, learned counsel appearing for the Informant and the appellants namely, 1.Dablu Gorai, 2.Dulal Gorai and 3.Pradeep Gorai and the Informant, namely Sonoka Kumari have also sworn their respective affidavits and put their respective signatures and photocopies of their Aadhar Cards have also been enclosed with I.A. No. 5575 of 2025.

Having heard learned counsel for the parties and on perusal of the averments made in Para 5 and 6 of I.A. No. 5575 of 2025, it appears that the appellants and the Informant side do not want to proceed in this case in future and good feeling has been restored between the parties.

In view of the above, considering the period of custody of the appellants and the factum of compromise between the appellants and the Informant, the appellants namely 1.Dablu Gorai, 2.Dulal Gorai and 3.Pradeep Gorai are directed to be released on Bail, on furnishing bail bonds of Rs.15,000/- (Rupees Fifteen thousand) with two sureties of the like amount each in connection with Rajganj P.S. Case No. 51 of 2024, to the satisfaction of the learned Sri Rajni Kant Pathak, learned Special Judge, S.C./S.T. Act, Dhanbad or his Successor Court.

Thus, the order dated 04.02.2025, passed, in connection with Rajganj P.S. Case No. 51 of 2024, by Sri Rajni Kant Pathak, the learned Special Judge, SC/ST Act, Dhanbad is set aside.

Accordingly, this Criminal Appeal (S.J.) No. 168 of 2025 is allowed and stands disposed of in terms of compromise.

Consequently, I.A. No. 5575 of 2025 is also allowed and stands disposed of.