Jharkhand High Court
Nayan Keshri vs The State Of Jharkhand on 6 September, 2021
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Cr. Appeal (S.J.) No. 260 of 2021
Nayan Keshri ... ... Appellant
Versus
1. The State of Jharkhand
2. Rojlin Kullu ... ... Respondents
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CORAM: HON'BLE MR. JUSTICE RAJESH KUMAR
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For the Appellant : Mr. J.S. Singh Adv.
For the State : Mr. P.D. Agarwal, APP
For the informant : Ms. M.A. Tete, Advocate
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The matter was taken up through Video Conferencing. Learned counsel for the
parties had no objections with it and submitted that the audio and video qualities are
good.
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03/06.09.2021: Defect pointed out by the office is ignored.
The present application has been filed under Section 14(A) of the
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Amendment Act,
2016.
Heard learned counsel for the appellant, learned APP for the State and
learned counsel for the informant.
This criminal appeal has been filed against the order dated 22.06.2021
passed by learned Addl. Sessions Judge-cum- Special Judge, Simdega in Special
(S.C./S.T.) Case No.4 of 2020 (M.C.A. No.149 of 2021) arising out of Simdega P.S.
Case No.89 of 2020 registered under Sections 341, 323, 354(B), 452, 504, 506 and
34 of the Indian Penal Code and Section 3(1)(iii), 3(1)(x) and 3(1)(xi) of the
S.C./S.T. (Prevention of Atrocities) Act, by which prayer for bail of the appellant has
been rejected.
It has been further submitted that earlier the prayer for bail of the appellant
has been rejected by this Court vide order dated 03.03.2021 passed in Cr. Appeal
(S.J.) No.685 of 2020 with an observation that it can be renewed after three months.
Accordingly, prayer for bail has been renewed.
It has been submitted that the appellant is in custody since 02.10.2020.
The investigation is complete and the appellant is ready to co-operate with the trial
and further undertakes not to disturb the witnesses in any manner. It has been further
submitted that similarly situated co-convict has already been enlarged on bail by this
Court vide order dated 04.08.2021 passed in Cr. Appeal (S.J.) No.250 of 2021.
On the other hand, counsel for the victim has opposed the prayer for bail
relying upon the judgment reported in (2021) 4 SCC 781 (Sudha Singh vs. State of
Uttar Pradesh and Anr.) and has submitted that the witness may be influenced.
Having heard learned counsel for the parties and on perusal of the record,
it appears that other similarly situated co-convict has already been granted bail by
this Court. The investigation is complete. Further, the complaint has been made to
the trial court under the provision of S.C. & S.T. (Prevention of Atrocities) Act and
the actions are being taken.
In the facts and circumstances of the case and considering the fact that co-
convict has already been enlarged on bail, the appellant above named, is directed to
be released on bail, on furnishing bail bond of Rs.10,000/-(ten thousand), with two
sureties of the like amount each, to the satisfaction of learned Addl. Sessions Judge-
cum- Special Judge, Simdega in Special (S.C./S.T.) Case No.4 of 2020 (M.C.A.
No.149 of 2021) arising out of Simdega P.S. Case No.89 of 2020, 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 this case without prior
permission of the court.
However, the trial court is directed to take appropriate steps for protecting
the witness and for the victim compensation.
Accordingly, instant criminal appeal is allowed.
(Rajesh Kumar, J.)
Ravi/-
