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Judgment
BIRENDRA KUMAR, J
Heard learned counsel for the parties.
This is an appeal under Section 14(A)(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 against the refusal of prayer for anticipatory bail vide order dated 30.08.2018 passed by the learned Additional Sessions Judge-I, Samastipur, in A.B.P. No.1723 of 2018, arising out of Angarghat Police Station Case No.43 of 2018, registered under Sections 307/323 /324/ 341 / 379/504/506/34 of the Indian Penal Code and Section 3(x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.
There is case and counter case. Earlier case was lodged by the appellant-side.
Submission is that the appellants are neighbour of the informant, which would be evident from the FIR also. The appellants had advanced rupees fifty thousand to the informant for his business purpose. The informant was not refunding the money and just to pressurize the false case has been lodged.
Considering the background and nature of allegation as well as the statement of the appellants on oath that they have got no criminal antecedent, let the appellants, above named, in the event of their arrest or surrender before the Court below within a period of thirty days from the date of receipt of the order, be released on bail on furnishing bail bonds of Rs.20,000/- (Twenty Thousand) each with two sureties of the like amount each to the satisfaction of the learned Court-below where the case is pending in connection with the aforesaid case, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure as well as condition that the appellants shall fully cooperate with the investigation/trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the appellants.
Accordingly, the impugned order is set aside and the appeal is allowed.