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Judgment
Heard Mr. P.C. Sinha, counsel appearing on behalf of the appellants.
Heard Mr. Bijay Kumar Sinha, counsel appearing on behalf of the opposite party no. 2.
Heard Mrs. Vipul Divya, counsel appearing on behalf of the State.
Counsel for the appellants submits that this appeal has been filed against the order passed by the learned court of Special Judge Giridih dated 10.07.19 passed in M.C.A. No. 749 of 2019 arising out of Birni P.S. Case No. 79/18 G.R. No. 1686/18 registered under sections 147,148,149,341,323,354(B), 379, 427 of the Indian Penal Code and 3(X) (XII) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act pending in the court of learned Special Judge, SC/ST Act Giridih whereby the petition filed for grant of regular bail has been rejected.
Learned counsel further submits that there is case and counter case between the parties and he has referred to both the F.I.R. i.e. F.I.R. of the present case as well as F.I.R. of the counter case. He further submits that appellants were in custody since 01.07.2019 and have been enlarged on provisional bail by virtue of order dated 05.08.2019 passed by this court.
At this counsel for the parties jointly submit that their respective parties are present in the court. Counsel for the appellants submits that the co-accused namely Lalu Yadav and Karu Yadav @ Deo Nandan Yadav have been granted bail by this court in Cr. Appeal (SJ) No. 1396 of 2018 vide order dated 26.11.2018 and another set of co-accused Nema Mahto, Chetlal Mahto @ Chetlal Yadav, Rohit Yadav, Mathura Rana and Arjun Rana have also been granted bail vide order dated 16.10.2019. He further submits that certain conditions have been put by this court while granting bail in Cr. Appeal (SJ) No. 663 of 2019 and he is ready to abide by the same conditions.
Counsel for the appellants submits that as per the order dated 16.10.2019 passed in Cr. Appeal (SJ) No. 663 of 2019 each of the accused were directed to deposit Rs. 5,000/- before the learned court below which was to be remitted to the opposite party no. 2 after proper identification. He further submits that his clients are present in the court and they are ready to deposit the amount of Rs. 5,000/- each before the learned court below latest by 26.11.2019 for its remission to the opposite party no. 2 and upon their deposit the provisional bail granted by this court which is expiring on 27.11.2019 be directed to be confirmed.
Counsel appearing on behalf of opposite party no. 2 does not dispute the fact that similarly situated persons have been granted bail by this court as submitted by the counsel for the appellants therefore he has no serious objection to the passing of the similar order.
Counsel for the State does not dispute the fact that case of the present appellants is on similar footing as that of other co-accused persons who have been enlarged on bail vide different orders as submitted by the counsel for the appellants.
After hearing counsel for the parties and after considering the facts and circumstances of this case and also considering the fact that the co-accused namely Lalu Yadav and Karu Yadav have been enlarged on bail vide order dated 26.11.2018 passed in Cr. Appeal (SJ) No. 1396 of 2018, this court hereby allows the appeal and the impugned order dated 10.07.2019 passed by learned Special Judge, SC/ST Act Giridih is hereby set aside. The provisional bail granted to the appellants vide order dated 05.08.2019 passed by this court is hereby confirmed on the following further conditions:-
(i) The appellants will deposit Rs. 5,000/- each latest by 26.11.2019 before the learned court below and the amount is to be remitted to the opposite party no. 2 by the learned court below after proper identification.
(ii) The appellants will not annoy or disturb the opposite party no. 2 or his family members in any manner during the pendency of this case.
It is made clear that the aforesaid amount by way of victim compensation to the opposite party no. 2 will not prejudice the case of either parties before the learned court below.
Let this order be communicated to the court concerned through FAX.