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2018 DIGILAW 1955 (JHR)

Mahendra Yadav v. State of Jharkhand

2018-08-27

ANIL KUMAR CHOUDHARY

body2018
ORDER : Heard learned senior counsel for the appellants and learned counsel for the State being assisted by learned senior counsel for the respondent No.2. 2. This appeal has been preferred by the appellants being aggrieved by the order dated 04.07.2018 passed in A.B.P. No.617 of 2018 by the learned Additional Sessions Judge-I, Giridih in connection with Khukhra P.S. Case No.02 of 2018 corresponding to G.R. No. 592 of 2018 registered for the offence punishable under Sections 147, 148, 149, 341, 323, 324, 153, 354, 298 of the Indian Penal Code and under Section 3 of the Scheduled Castes and the Scheduled Tribes (Prohibition of Atrocities) Act, 1989, whereby and where under the learned Additional Sessions Judge-I, Giridih, rejected their prayer for anticipatory bail. 3. Learned senior counsel for the appellants submits that the learned court below failed to take note of the fact that there is no specific allegation against the appellants of having committed any offence punishable under any specific Clause of Sub-section 3(1) of the Scheduled Caste or the Scheduled Tribes and the allegations against the appellants are general and omnibus in nature. It is lastly submitted that the appellants undertake not to restrain the informant and the members of his caste from entering inside the temple or worshipping in the temple in any manner and they will also not annoy the informant or his caste men of the village in any manner during the pendency of this case and appellants are ready and willing to pay Rs.10,000/- each as victim compensation without prejudice to their defence in the case. Hence, it is submitted that the impugned order be set aside and the appellants be given the privileges of anticipatory bail. 4. Learned Addl.P.P. appearing for the State being assisted by the learned counsel for the respondent No.2 defended the impugned judgment. 5. Considering the submissions of the learned counsels and facts of the case, the impugned order 04.07.2018 passed in A.B.P. No.617 of 2018 by the learned Additional Sessions Judge-I, Giridih in connection with Khukhra P.S. Case No.02 of 2018 corresponding to G.R. No.592 of 2018, being not sustainable in law is set aside and the appellants named above are directed to surrender before the court below within four weeks from the date of this order. In case of the appellants being arrested or surrendering in the court of learned Special Judge-cum-Additional Sessions Judge-I, Giridih, within the stipulated time, appellant No.1 will be enlarged on bail on depositing a demand draft of Rs.10,000/- in favour of the victim Prem Kumar Das, appellant No.2 will be enlarged on bail on depositing a demand draft of Rs.10,000/- in favour of the victim Tulsi Ravidas, appellant No.3 will be enlarged on bail on depositing a demand draft of Rs.10,000/- in favour of the victim Shankar Ravidas, appellant No.4 will be enlarged on bail on depositing a demand draft of Rs.10,000/- in favour of the victim Ranjit Kumar Ravidas, appellant No.5 will be enlarged on bail on depositing a demand draft of Rs.10,000/- in favour of the victim Jitan Ravidas, appellant No.6 will be enlarged on bail on depositing a demand draft of Rs.10,000/- in favour of the victim Jagdish Ravidas, appellant No.7 will be enlarged on bail on depositing a demand draft of Rs.10,000/- in favour of the victim Mahadev Ravidas, appellant No.8 will be enlarged on bail on depositing a demand draft of Rs.10,000/ in favour of the victim Umedi Das @ Umedi Ravidas, appellant No.9 will be enlarged on bail on depositing a demand draft of Rs.10,000/- in favour of the victim Tejo Ravidas, appellant No.10 will be enlarged on bail on depositing a demand draft of Rs.10,000/- in favour of the victim Topo Kumar, appellant No.11 will be enlarged on bail on depositing a demand draft of Rs.10,000/- in favour of the victim Sukar Ravidas, appellant No.12 will be enlarged on bail on depositing a demand draft of Rs.10,000/- in favour of the victim Khalu Ravidas, appellant No.13 will be enlarged on bail on depositing a demand draft of Rs.10,000/- in favour of the victim Vijay Das, appellant No.14 will be enlarged on bail on depositing a demand draft of Rs.10,000/- in favour of the victim Ishwar Ravidas, appellant No.15 will be enlarged on bail on depositing a demand draft of Rs.10,000/- in favour of the victim Bobi Kumari and appellant No.16 is will be enlarged on bail on depositing a demand draft of Rs.10,000/- in favour of the victim Pappu Ravidas and on furnishing bail bond of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned Special Judge-cum-Additional Sessions Judge-I, Giridih in connection with Khukhra P.S. Case No.02 of 2018 corresponding to G.R. No.592 of 2018 with the condition that they will not restrain the informant and the members of his caste from entering inside the temple or worshipping in the temple in any manner and they will also not annoy or disturb the informant or his caste men of the village in any manner during the pendency of this case. 6. In case the respective demand drafts as ad interim victim compensation are deposited in favour of the informants/victims as mentioned above, learned trial court will issue notice to them and handover the same to them forthwith, on proper identification. 7. This appeal stands allowed. Appeal allowed.