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Judgment
Both the appeals have been filed under Section 14(A) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act.
Heard learned counsel for the appellants, learned counsel for the State and the learned Amicus Curiae for the victim(s).
These appeals have been filed against the orders dated 16.01.2025 and 28.02.2025 passed by the learned Special Judge(SC/ST Court), Sahibganj in connection with Borio P.S. Case No.320 of 2022 arising out of SC/ST Case No. 11 of 2023, for the offences under Sections 302, 201, 120B, 34 of the IPC and Section 3(2)(V) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, whereby the prayer for grant of bail of the appellants has been rejected. The case is presently pending in the Court of learned Additional Special Judge Judge (SC/ST Court), Sahibganj.
It has been submitted by the learned counsel for the appellants that the prayer for bail has been rejected twice by the Co-ordinate Bench of this Court on merit and once by the Hon’ble Apex Court. This is fourth attempt. The only reason for bail is the period of custody i.e. since 19.12.2022.
On the other hand, learned counsel for the State and the learned Amicus Curiae for the victim(s) have opposed the prayer for grant of bail.
In compliance of order dated 06.07.2026, learned trial Court has submitted the status report and from perusal of the same, it appears that out of thirty-nine charge-sheeted witnesses, twenty witnesses have already been examined.
Considering the stage of trial, I am not inclined to grant bail to the appellants. Accordingly, both the criminal appeals are, hereby, dismissed.
However, if trial is not concluded within nine months from the date of receipt/production of copy of this order then the appellants will be at liberty to renew their prayer for bail.
The assistance given by Ms. Omiya Anusha, learned Amicus Curiae is highly appreciable.
Let this order be communicated to learned Member Secretary, JHALSA, Ranchi for the purpose of remuneration to be paid to the learned Amicus Curiae as permissible.