JUDGMENT : SANJAY PRASAD, J. 1. The Cr. Appeal (SJ) No. 810 of 2024 has been filed by the appellant under Section 14 (A) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 2015 by challenging the order dated 18.11.2024 passed by learned Additional Sessions Judge-VI-cum-Special Judge, SC/ST Act, Hazaribag in Misc. Cri. Application No. 1894 of 2024 arising out of Korrah P.S. Case No. 94 of 2023 corresponding to SC/ST Case No. 115 of 2023 registered for the offence under Section 341/323/354/379/452/34 of the Indian Penal Code and Section 3 (i)(s) of the SC/ST Act by which the prayer for bail of the appellant has been rejected. 2. As per the FIR, arising out of Complaint Case No. 46 of 2022 before the learned Additional Sessions Judge-VI-cum-Special Judge, SC/ST Act, Hazaribag, it has been alleged that while the complainant was trying to construct her house on Khata No. 72, Plot No. 771 having area of four decimals in the year 2021, then the appellant -Chitranjan Prasad Gupta in conspiracy with others persons had obstructed the construction of her house and abused her in the name of her caste. 3. Heard learned counsel for the appellant, learned counsel for the State and learned counsel for the respondent no. 2. 4. Learned counsel for the appellant has submitted that the impugned order passed by the learned Court below is illegal, arbitrary and not sustainable in eye of law. It is submitted that the appellant is innocent and has committed no offence. It is submitted that the land in question on which the complainant has constructed the house, was donated by the father-in-law of the informant to the school, which had been objected by the appellant. It is submitted that the appellant has not abused her in the name of her caste. It is submitted that the disputed 6 decimals of the land was acquired by D. U Mission and the rest 6 decimals of the land was donated to Municipal School by the then land holder (ancestor of husband of complainant) but after demise of the father of Jitendra Kumar the husband of complainant sold the aforesaid land to informant vide registered sale deed dated 07.02.2020 and the land pertaining to Khata No. 771 area 12 decimals was encroached by complainant and her husband claiming that the said land belongs to their ancestor. It is submitted that the land in question was encroached by the complainant herself, one of their co-sharers Mahabir Ram alongwith other persons came to protect the land of the school. It is submitted that the appellant is in custody since 28.10.2024 and hence, the appellant may be enlarged on bail. 5. Learned counsel for the State has opposed the prayer for bail. 6. Learned counsel for the Respondent no. 2 has also opposed the prayer for bail and has submitted that the appellant is land mafia and he has obstructed the possession of the complainant while she was constructing her house on her four decimals of land. It is submitted that the land belongs to the Informant. It is submitted that the appellant had assaulted the complainant and had taken away kori, gaita and approx. Rs. 600/-. It is submitted that the independent witnesses have also supported the allegation against the appellant and hence prayer for bail of the appellant may be rejected. 7. Having heard learned counsels for both the sides and from going through the records of this case, it would appear that the appellant is alleged to have obstructed in construction of the house of the complainant and had demanded Rangdari. 8. It appears that the appellant is in custody since 28.10.2024 i.e. for more than four (04) months. 9. Considering the facts and circumstances of the case and considering the custody of the appellant, the appellant -Chitranjan Prasad Gupta is directed to be released on bail, on furnishing bail bond of Rs.15,000/- (Fifteen thousand only) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-VI-cum-Special Judge, SC/ST Act, Hazaribag/ or his Successor Court in connection with Korrah P.S. Case No. 94 of 2023 corresponding to SC/ST Case No. 115 of 2023 subject to the condition that one of the bailors should be own relative of the appellant.However, it will be desirable that both the sides should maintain the peace. 10. Accordingly, the Cr. Appeal (SJ) No. 810 of 2024 is allowed and the impugned order dated 18.11.2024 passed by learned Additional Sessions Judge-VI -cum-Special Judge, SC/ST Act, Hazaribag in Misc. Cri. Application No. 1894 of 2024 arising out of Korrah P.S. Case No. 94 of 2023 corresponding to SC/ST Case No. 115 of 2023 is, hereby, set aside. 11. Thus, the Cr. Appeal (SJ) No. 810 of 2024 is allowed and the impugned order dated 18.11.2024 passed by learned Additional Sessions Judge-VI -cum-Special Judge, SC/ST Act, Hazaribag in Misc. Cri. Application No. 1894 of 2024 arising out of Korrah P.S. Case No. 94 of 2023 corresponding to SC/ST Case No. 115 of 2023 is, hereby, set aside. 11. Thus, the Cr. Appeal (SJ) No. 810 of 2024 is allowed and stands disposed of.