Sanjay Kumar Dwivedi, J
1. Learned counsel for the appellants submits that there is delay of 195 days in filing the present criminal appeal and for condoning the delay, I.A.
No.6233 of 2024 has been filed. She further submits that notices were issued upon respondent no.2 in the main appeal as well as limitation matter and
notices have been effected, however, respondent no.2 has not appeared.
2. Office note suggests that respondent no.2 has received the notices personally, however, she has not appeared and in view of that, this appeal is
being heard on merit in absence of respondent no.2.
3. Heard Mrs. Mridula Thakur, learned counsel appearing for the appellants and Mr. Manoj Kumar Mishra, learned counsel appearing for the State.
4. Learned counsel appearing for the appellants submits that this appeal is preferred against the order dated 27.07.2023 passed by the learned
Additional Sessions Judge-I, Godda in A.B.P. No.534 of 2023 in connection with Thakurgangti P.S. Case No.22 of 2023 for the offence under
Sections 341, 448, 323, 452, 354, 427 of the Indian Penal Code and under Section 3/4 of the Scheduled Castes and Scheduled Tribes (Prevention of
Atrocities) Act, which was instituted on the basis of the Complaint Case No.09 of 2023 filed by respondent no.2, pending in the Court of the learned
District and Sessions Judge 1st cum Special Judge, Godda. She further submits that so far as Section 14-A (3) of the Scheduled Castes and Scheduled
Tribes (Prevention of Atrocities) Act, 1989 is concerned, that has already been struck down by the Hon'ble Allahabad High Court in the case of
Ghulam Rasool Khan and others v. State of U.P. and others, reported in 2022 SCC OnLine All 975. She further submits that co-accused, namely,
Jaya Devi and Manisha Devi have been granted anticipatory bail in Cr. Appeal (SJ) No.662 of 2023 vide order dated 30.04.2024.
5. Learned counsel for the State opposed the prayer.
6. In view of the above striking down of the second proviso of Section 14-A (3) of the Scheduled Castes and Scheduled Tribes (Prevention of
Atrocities) Act, 1989 shall have effects throughout the territory of India to which the Scheduled Castes and Scheduled Tribes (Prevention of
Atrocities) Act, 1989 is applicable including the State of Jharkhand in light of the judgment passed by the Full Bench of the Hon'ble Allahabad High
Court, the Court finds that sufficient ground is made out for condoning the delay and, as such, the delay of 195 days in filing the present criminal
appeal is, hereby, condoned.
7. Accordingly, I.A. No.6233 of 2024 is disposed of.
8. The Court finds that the co-accused, namely, Jaya Devi and Manisha Devi, in identical situation have been granted anticipatory bail in Cr. Appeal
(SJ) No.662 of 2023 and, as such, the order dated 27.07.2023 passed by the learned Additional Sessions Judge-I, Godda in A.B.P. No.534 of 2023 in
connection with Thakurgangti P.S. Case No.22 of 2023 is, hereby, set aside. Accordingly, the appellants, above named, are hereby directed to
surrender before the learned Court within three weeks from today, and in the event of their surrender/arrest, the appellants, above named, shall be
released on bail, on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) each, with two sureties of the like amount each, to the
satisfaction of learned District and Sessions Judge 1st cum Special Judge, Godda in connection with Thakurgangti P.S. Case No.22 of 2023, subject to
the following conditions:
(i) The appellants shall not, directly or indirectly, make any inducement, threat undue influence to the prosecution witnesses; and
(ii) The appellants shall appear before the trial court on each and every date given to them by the said Court till disposal of the trial.
9. This appeal is, therefore, allowed in above terms and disposed of.
