TITLE-Satyendra Yadav Vs The State of Bihar
DECIDED On- 08/12/2023
+CR.App (SJ) No.4372/2023
CORAM-HON’BLE JUSTICE MR ARUN KUMAR
As this is the fourth attempt of the appellant to seek bail from this court as earlier rejected.The present appeal has been preferred by the appellant under Section 14(A) (2) of the Scheduled castes and Scheduled tribes (Prevention of atrocities)Act,1989 against the refusal of prayer for bail order passed by learned Exclusive special Judge,Nawada in connection with special (H) case arising out of Rajauli registered for the alleged offences under section 302,201/34 of IPC and 3(1)(r)(s),3(2)(v) of ST/SC Act.
As per the facts of the Prosecution case as the husband of informant was strangulated by the appellant and co-accused on his refusal to supply firewood to them.Where till now only Five witnesses have been examined out of total charge-sheet and till now the trial has not given the conclusion for which direction was given by this Hon’ble court and also the co accused who strangulated her husband has been granted the bail and except the informant no other witnesses has been examined in the support of prosecution whereas The Learned state opposes the bail.
THE COURT ANALYSIS AND DECISION
As per the Hon’ble court after persused the record The Hon’ble court state that dispute the direction given by this court The learned trial court failed to discharge it’s duty with sincerity.Non conclusion of the trail before the learned trial court reflects as poorly as on its own performance as also on the working of the Prosecution including the police authority.As per the facts and circumstances and submissions made by the parties the appellant is directed to be released in bail.Accordingly the impunged order is setaside and the appeal is allowed.
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Written by- Prachee Novo Mukherjee