Jharkhand High Court
Deepak Verma @ Raja Verma vs The State Of Jharkhand on 31 August, 2022
Author: Rajesh Kumar
Bench: Rajesh Kumar
-1-
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Cr. Appeal (S.J.) No.149 of 2022
Deepak Verma @ Raja Verma
@ Deepak Kr. Verma ...... Appellant
Versus
1. The State of Jharkhand
2. Sukurmuni Devi ..... Respondents
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CORAM: HON'BLE MR. JUSTICE RAJESH KUMAR
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For the Appellants : Mr. Pratiush Lala, Advocate For the State : Mr. Sunil Kr. Dubey, A.P.P For the Resp. No.02 : Mr. Dinesh Choudhary, Amicus
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st 08/Dated: 31 August, 2022
1. Heard Learned counsel for the appellant, learned A.P.P and learned Amicus for the respondent No.2.
2. In spite of information given to the victim/ respondent No.2, nobody appears on behalf of respondent No.2 to participate in the proceedings.
3. The present appeal has been filed under Section 14-A (2) of the Scheduled Castes/Scheduled Tribes (Prevention of Atrocities) Act (For short the SC/ ST Act), against the order order 11.02.2022, passed by the court of learned Special Judge SC/ST, Dhanbad in M.C.A. No.342 of 2022, whereby the prayer for grant of anticipatory bail to the appellant has been rejected in connection Jharia P.S. Case No.116 of 2020, registered for the offence under Sections 147/ 148/ 149/ 323/ /341/ 342/ 324/ 307/ 379/ 354/ 504/ 506/ 188/ 269/ 270 and 290 of the Indian Penal Code, Sections 3 of the Epidemic Disease Act and under Section 3(1)(gh) of the SC/ST Act.
4. It has been submitted by the learned counsel for the appellant that the appellant is not a member of SC/ST community but the crime has been committed by a group and some of the members of that group are the member of SC/ST community and as such SC/ST Act is not maintainable in this case.
5. On the other hand, learned A.P.P has opposed the prayer for bail.
6. Considering the above fact, I am inclined to grant the -2- privilege of anticipatory bail to the appellant. Accordingly, The appellant is directed to surrender in the court below within four weeks from the date of receipt/ production of the copy of this order and in the event of his arrest or surrender, he shall be enlarged on bail, on his furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each, to the satisfaction of learned Special Judge SC/ST, Dhanbad in connection with Jharia P.S. Case No.116 of 2020 on the conditions as laid down under Section 438 (2) Cr.P.C, subject to condition that the appellant will submit self- attested photocopy of his Aadhaar Card and also submit his mobile number before the learned court below which he will always keep active and will not change it during pendency of the case without prior permission of the court.
7. In the result, the appeal is, hereby, allowed.
(Rajesh Kumar, J.) Chandan/-