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Judgment
Heard the learned counsel for the parties.
By way of the present appeal, the appellant prays for grant of bail in connection with Gumla (SC/ST) P.S. Case No. 06 of 2016, corresponding to G.R. No. 849 of 2016, registered under Sections 147/148/323/341/307/379/506 of the Indian Penal Code and Sections 3(i) (ii) & (x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.
The learned counsel for the appellant submits that the appellant has been falsely implicated in the present case and has not committed any offence as alleged. It is submitted that the main allegation of assaulting the informant is against co-accused Md. Raja Ansari, who himself has been granted bail by a co-ordinate Bench of this Court vide order dated 09.03.2017 in Cr. Appeal (S.J) No. 410 of 2017. The appellant was merely present at the place of occurrence. The case under Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act has been concocted at the instance of the informant. The appellant is in judicial custody since 26.04.2017 and, therefore, he may be given the privilege of bail.
The learned counsel for the respondent opposes the appellant''s prayer for bail.
Considering the facts and circumstances of the case, I am inclined to enlarge the appellant on bail. Accordingly, the appellant above named is directed to be released on bail on his furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Gumla, in connection with Gumla (SC/ST) P.S. Case No. 06 of 2016, corresponding to G.R. No. 849 of 2016, subject to the condition that at the time of furnishing bail bond, Rs.3,000/- (Rupees Three thousand) shall be deposited on behalf of the appellant before the concerned court below by way of ad-interim compensation under the provisions of Jharkhand Victim Compensation Scheme, 2012 which shall be released by the learned court below in favour of the informant on due verification/identification.
