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Judgment
Arindam Sinha, J
Mr. Mishra, learned advocate appears on behalf of appellant. He submits, his client is aggrieved by order dated 18th August, 2023 of the Special Court rejecting his application for bail. Charge sheet has been filed on investigation made and the case awaits trial. There is no reason why his client should continue to be kept in custody. On query from Court he submits, his client was taken into custody on 4th June, 2023. As such, he has been in custody for more than seven months.
Mr. Tripathy, learned advocate, Additional Standing Counsel appears on behalf of State. Mr. Jena, learned advocate appears on behalf of respondent no.2, the victim.
It appears from impugned order, the case was registered under sections 417/376(2)(n)/506 of Indian Penal Code, 1860 read with section 3(2)(va) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. On query from Court, there is ad-idem at the Bar that impugned order is a final order and appeal is maintainable under section 14-A under the Act of 1989. Court notices that offence registered under section 506 IPC is a scheduled offence and clause (v) under sub-section (2) in section 3 makes the offences allegedly committed by appellant, subject to punishment and imprisonment under the Act.
Reason given in impugned order for rejecting the application for bail is that on existence of a prima facie case, the accused and number of witnesses belonging to the same village gives apprehension that if granted bail, the accused may tamper with the evidence of the victim and other witnesses. Further reason is possibility of the accused fleeing from justice as cannot be ruled out.
In view of the investigation resulting in filing of charge sheet, as confirmed by Mr. Tripathy, the only question that remains for consideration in this appeal is possibility of appellant fleeing from justice. Same can be addressed by imposing conditions for bail.
Appellant is granted bail on furnishing security by bond of Rs.25,000/- (rupees twenty-five thousand) along with two sureties of like amount, to satisfaction of the trial Court. Further condition is that appellant will appear on each date of hearing before the trial Court.
The appeal, disposed of.
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