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Judgment
The matter has been taken up through virtual Court proceeding.
Heard 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 regular bail vide order dated 21.09.2020 passed by the learned 1st Additional Sessions
Judge-cum-Special Judge, S.C./S.T. (POA) Act, East Champaran at Motihari in connection with Turkauliya (Banjariya) P.S. Case No. 351 of 2020
registered under Sections 302, 328, 120B/34 of the Indian Penal Code as well as Sections 3(2)(v) of the SC/ST Act.
The appellants and co-accused allegedly poisoned to the father of the informant and his friend Nand Kishore Thakur as a result whereof both died.
Learned counsel for the appellants submits that the appellants have got no criminal antecedent. There is no eyewitness of the actual occurrence. The
postmortem report does not show any specific cause of death, rather final opinion is awaited till receipt of the viscera report. Appellants are in custody
since 16.06.2020 and 18.06.2020 respectively. Investigation of the case against the appellants is already complete.
Mr. Pratyush Kumar, learned counsel for the informant as well as Mr. Sadanand Paswan, learned Special Public Prosecutor for the State opposed the
prayer for bail.
Considering the lack of direct material against the appellants and the fact that only material is suspicion, let the appellants, above named, be released
on bail on furnishing bail bonds of Rs.20,000/- (Rupees Twenty Thousand) each with two sureties of the like amount each to the satisfaction of
learned Court below where the case is pending in connection with the aforesaid case, subject to the following conditions:-
(a) The appellants 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 appellants.
(b) Both the bailors shall be resident of territorial jurisdiction of the learned court below.
(c) The appellants shall not leave the country without permission of the learned trial court.
Accordingly, the impugned order is set aside and this appeal stands allowed.