Jyoti Mahto vs State Of Jharkhand

Sanjay Kumar Dwivedi, J

Heard learned counsels for the appellants, State and the informant.

This appeal is preferred against the order dated 01.08.2024 passed by learned Additional Sessions Judge-I, Ramgarh, in M.C.A. No.362 of 2024 whereby the bail petition filed by the appellant with regard to Ramgarh SC/ST P.S. Case No.04 of 2022 has been rejected.

The learned counsel for the appellants submits that the appellants are in custody with regard to said case and the case is registered under sections 147, 149, 504, 506, 34 IPC and section 3(1)(r) and 3(1)(f) of SC/ST (Prevention of Atrocities) Act, 1989, pending in the court of learned Additional Sessions Judge-I, Ramgarh. He submits that there is land dispute between the parties and for that the case has been registered. He submits that earlier also section 144 Cr.PC proceeding was initiated which was concluded now. He further submits that the appellants are in custody since 24.07.2024. He submits that the appellants will not tamper with any evidence during pendency of trial.

The learned State counsel submits that section 41 CrPC notice is complied with by the appellants.

Learned counsel for the informant opposed the prayer on the ground that proceeding under section 144 CrPC is also concluded and therefore that ground is not available to the appellants. He further submits that allegations are there and said occurrence has taken place in public view and as such ingredients of SC/ST (Prevention of Atrocities) Act is made out and submits that this appeal may kindly be rejected.

Considering that the appellants are in custody since 24.07.2024 and in the contents of the FIR prima facie it appears that said dispute has taken place due to plot no.2 area 1.48 acres between the parties, and if such a situation is there, the case of the appellants is prima facie covered in light of judgment of Hon’ble Supreme Court in the case of Hitesh Verma v. State of Uttarakhand , reported in (2020) 10 SCC 710, I am inclined to grant regular bail to the appellants.

Accordingly, the appellants, above named, are directed to be released on bail, on furnishing bail bond of Rs.25,000/- (Twenty Five Thousand) each, with two sureties of the like amount each, to the satisfaction of the learned Additional Sessions Judge-I, Ramgarh, in M.C.A. No.362 of 2024 [with regard to Ramgarh SC/ST P.S. Case No.04 of 2022].

The said order dated 01.08.2024 passed by learned Additional Sessions Judge-I, Ramgarh is set aside, and hence, this appeal is allowed and disposed of.