IN THE HIGH COURT OF JUDICATURE AT PATNA
BIRENDRA KUMAR, J.
(17.11.2021)
Criminal Appeal (SJ) No.4454 of 2021
Anand Kumar @ Kallu
@ Kallu Singh : Appellant
Vs.
State of Bihar : Respondent
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 – Section 14-A(2) – Bail – Appellant is in custody since 19.09.2020 – Earlier prayer for bail to appellant was refused with liberty to renew prayer, after framing of charges, before court below itself – Charges have already been framed – Bail granted. (Paras 2 to 4)
KUMAR, J.:–Heard learned counsel for the parties.
2. 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 Act”) against the refusal of prayer for regular bail vide order dated 06.10.2021 passed by the learned 1st Additional Sessions Judge-cum-Special Judge, Nalanda at Bihar Sharif in connection with Deepnagar P.S. Case No. 329 of 2019 registered under Sections 323, 341, 379, 307/34 of the Indian Penal Code, Section 27 of the Arms Act as well as Sections 3(1)(r)(s)/2(v)(a) of the SC/ST Act.
3. Earlier prayer for bail to the appellant was refused vide order at Annexure-1 with liberty to renew the prayer, after framing of the charges, before the learned court below itself.
4. Submission is that charges have already been framed but the learned court below refused the prayer for bail by the impugned order. Appellant is in custody since 19.09.2020.
5. Hence, let the appellant, above named, be released on bail on furnishing bail bond of Rs.20,000/- (Rupees Twenty Thousand) 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 appellant shall fully cooperate with the investigation/trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the appellant.
(b) Both the bailors shall be resident of the territorial jurisdiction of the learned court below.
(c) The appellant shall not leave the country without permission of the learned trial court.
6. Accordingly, the impugned order is set aside and this appeal stands allowed.
Grant of bail - False implication - Nature of allegation and period of custody already undergone.
The court determined that lack of specific allegations and absence of eyewitnesses warranted the granting of bail to the appellant.
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