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IN THE HIGH COURT OF JHARKHAND AT RANCHI
NAVNEET KUMAR, J.
Amresh Kumar Pathak, Son of Bishwanath Pathak – Appellant
Versus
State of Jharkhand – Respondent
| Table of Content |
|---|
| 1. dispute arises from property issue (Para 2 , 3) |
| 2. allegations against appellant vs. co-accused bail (Para 4 , 6) |
| 3. lack of specific allegations under sc/st act noted. (Para 7) |
| 4. lack of evidence for sc/st application (Para 8) |
| 5. interference in previous court order justified (Para 9) |
| 6. appeal allowed; bail conditions specified (Para 10 , 11) |
JUDGMENT :
NAVNEET KUMAR, J.
Heard Mr. A.K. Chaturvedy, learned counsel for the appellant and Mrs. Ruby Pandey, learned counsel for the State.
2. This appeal is preferred against the order dated 21.08.2024 passed by the learned Additional Sessions Judge-I-cum- Special Judge (SC/ST Act), Gumla in A.B.P. No.285 of 2024 in connection with SC/ST Gumla P.S. Case No.02 of 2024, pending in that Court, whereby, the prayer for anticipatory bail of the appellant has been rejected.
3. Learned counsel for the appellant submitted that the gist of the allegation as set out in the F.I.R is that there are landed property dispute between the parties with respect to alleged road in the land of the informant. It has further been submitted on behalf of the appellant that the informant- respondent No.2 has constructed a house illegally for which a cert
Absence of specific allegations against the appellant led to a quashing of the rejection of anticipatory bail, highlighting the need for concrete evidence in cases under the SC/ST Act.
The mere existence of a conflict involving SC/ST individuals does not automatically substantiate violations under the SC/ST Act when the dispute is fundamentally about land rights.
Anticipatory bail can be granted when allegations do not pertain to SC/ST status but arise from a land dispute.
In bail hearings under SC/ST Act, public visibility of the alleged offense is crucial for denial of anticipatory bail.
Anticipatory bail may be granted in cases where prior investigations established insufficient evidence supporting rape allegations, even with subsequent prima facie findings.
Anticipatory bail under SC/ST Act denied due to insufficient grounds from allegations.
The Court may grant anticipatory bail when allegations do not establish an offense under relevant statutes, and ongoing negotiations are present.
Anticipatory bail can be denied if a prima facie case is established under the SC/ST Act, supported by corroborative evidence.
The court granted anticipatory bail, setting aside the trial court's rejection due to insufficient evidence against the accused in a rape allegation, especially considering prior investigations concl....
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