Sanjay Kumar Dwivedi, J
1. Learned counsel for the respondent State submits that the affidavit is ready and the same has not been presented before the Registry as the matter was on Board.
2. On her request, the same is taken on record.
3. Pursuant to that, Mr.Akash Kumar Lal, the learned counsel has appeared on behalf of the respondent no.2.
4. Heard the learned counsel for the appellant and the learned counsel for the respondent State as well as the learned counsel for the respondent no.2.
5. This appeal has been preferred against the order dated 06.08.2024 passed in M.C.A No.1410 of 2024 in connection with SC/ST Case No.62 of 2019 arising out of Complaint Case No.3860 of 2019 whereby the prayer of the appellant for regular bail has been rejected, pending in the court of learned Additional Sessions Judge-VI- Special Judge, SC/ST Act, Hazaribagh.
6. Mr. Jitendra S. Singh, the learned counsel appearing on behalf of appellant submits that there is land dispute between the appellant and the respondent no.2 of occurrence dated 31.07.2019. He submits that again the allegation is made on 4.8.2019 and the complaint case has been filed on 20.8.2019. He submits that there is allegation with regard to the alleged occurrence dated 4.8.2019 and only allegation is made against the appellant with regard to occurrence of 31.7.2019 and thereafter on 20.8.2019 the case is filed and that too on the land dispute and even SC/ST Act has been inserted.
7. The learned State counsel submits that the case is arising out of complaint case and pursuant to that the learned court has taken cognizance.
8. Learned counsel for the respondent no.2 has vehemently opposed the prayer and submits that amount has been taken and in spite of that the land in question was not registered in favour of the respondent no.2 and further the allegations are there.
9. Considering that for the occurrence of 31.7.2019 the case has been filed on 20.8.2019 and the appellant happened to be lady and she is in custody since 18.07.2024, I am inclined to grant bail to the appellant.
10. Hence, order 06.08.2024 passed in M.C.A No.1410 of 2024, is set aside, and accordingly, appellant, above named, is directed to be released on bail, on furnishing bail bond of Rs.25,000/- (Twenty Five Thousand), with two sureties of the like amount each, to the satisfaction of the learned Additional Sessions Judge-VI- Special Judge, SC/ST Act, Hazaribagh in connection with SC/ST Case No.62 of 2019 arising out of Complaint Case No.3860 of 2019.
