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Judgment
Learned counsel for the appellant seeks permission to withdraw this interlocutory application.
Permission is granted.
Accordingly, this interlocutory application is dismissed as withdrawn. Cr. Appeal (SJ) No. 39 of 2021 The appellant has preferred this appeal under
Section 14A of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act being aggrieved and dissatisfied by the order dated
13.01.2021 passed by Special Judge, Jamtara in Misc. Criminal Application No. 24 of 2021, whereby the bail petition of the appellant was rejected.
Learned senior counsel for the appellant is submitted that the allegation against this appellant that he has forcefully dispossessed the informant, who is
a member of Scheduled Caste, from his residential property. It has also been alleged that for claiming ownership of the said property, the appellant has
used forged documents. The appellant is in custody since 02.01.2021. Investigation is complete and charge sheet has already been submitted and
cognizance has also been taken.
Learned counsel for the informant has submitted that since forged documents have been used and for that maximum punishment is life imprisonment
and as such, the appellant does not deserve the privilege of bail.
Learned APP has submitted that there is enough material against this appellant to suggest that the property of Scheduled Caste has been used and
dispossessed him from ancestral property.
Perused the records.
It appears that prime allegation against this appellant is that he has dispossessed the informant, who is the member of Scheduled Caste, from his
residential property. The matter has been investigated, charge sheet has been filed and Court has also taken cognizance.
Considering the material available on record and period of custody and the fact that investigation is complete, the appellant is directed to be released
on bail, on furnishing bail bond of Rs.10,000/- (Ten thousand only) with two sureties of the like amount each to the satisfaction of learned Special
Judge, Jamtara in connection with SC/ST P.S. Case No. 01 of 2020 subject to the conditions that (i) the appellant will submit self attested copy of his
Aadhar Card and also give his mobile number before the learned court below which he will not change during pendency of this case without prior
permission of the court, (ii) He will co-operate in the Trial and (iii) He will not go on the disputed land for a period of six months from today.