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Judgment
18 paragraphs · 340 wordsHeard learned counsel for the parties.
This is an appeal under Section 14-A(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter referred to
as the “SC/ST Actâ€) against the refusal of prayer for anticipatory bail vide order dated 31.05.2019 in A.B.P. No. 622 of 2019 passed by the
learned 1st Additional Sessions Judge-cum-Special Judge, Nawada in connection with Warisaliganj P.S. Case No. 153 of 2019 registered under
Sections 341, 323, 354(B), 379, 448, 504/34 of the Indian Penal Code as well as Sections 3(1)(r)(s), 3(2)(v) of the SC/ST Act.
The complaint based allegation would reveal that the allegation is general and omnibus.
Considering the aforesaid fact as well as the fact that appellant no. 4-Rani Devi and appellant no. 5-Soni Devi are females and they have got special
protection in the matter of grant of bail, therefore, they are directed to be released on anticipatory bail, in the event of their arrest or surrender before
the learned Court below within a period of thirty days from the date of receipt of the order, on furnishing bail bond of Rs.20,000/- (rupees twenty
thousand) each with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending in connection with
the aforesaid case, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure as well as subject to the following
conditions:-
(a) The appellant no. 4 and 5 shall fully cooperate with the investigation/trial of the case, failing which the learned court below shall be at liberty to
cancel the bail bond of the appellant no. 4 and 5.
(b) Both the bailors shall be resident of the territorial jurisdiction of the learned court below.
(c) The appellant no. 4 and 5 shall not leave the country without permission of the learned trial court.
Other appellants Gaya Raut, Mochan Raut and Guddu Raut may surrender and pray for regular bail.
With the aforesaid observation, this appeal stands partly allowed and partly dismissed.