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IN THE HIGH COURT OF JHARKHAND AT RANCHI
NAVNEET KUMAR, J.
Vikash Kumar @ Vikash Kumar Raj, Son Of Jitan Mahto – Appellant
Versus
The State Of Jharkhand – Respondent
| Table of Content |
|---|
| 1. judicial proceedings and background of the case. (Para 1 , 2) |
| 2. claims of false allegations and prior case context. (Para 3 , 4 , 5 , 6) |
| 3. opposition arguments regarding the offences. (Para 7) |
| 4. court's decision to grant bail. (Para 8 , 9) |
| 5. setting aside previous bail order. (Para 10 , 11 , 12) |
| 6. final disposal of the appeal. (Para 13) |
ORDER :
1. Heard learned counsel appearing for the appellant and learned APP assisted by learned counsel appearing on behalf of the respondent No.2.
2. The instant appeal is directed against the order dated 09.08.2024 passed by the learned Additional Sessions Judge-VI, Hazaribag in Anticipatory Bail Petition No. 1336/2024, by which the prayer for anticipatory bail of the appellant has been rejected in connection with Barkagaon SC/ST P.S. Case No.45 of 2023 registered under Sections 147 /148/149/341/342/323/325/307/385/448 of I.P.C. read with Sections 3(1)(r)/3(1)(s) of SC/ST Act.
3. It has been submitted on behalf of the appellant that the gist of the allegations as alleged in the F.I.R. that this appellant along with the co-accused persons had assaulted the son of the informant and also the informant indiscriminately by using abusing
Anticipatory bail may be granted when allegations lack direct attribution to the accused, supporting the principle of fairness in justice.
Anticipatory bail is maintainable when no substantive offence under SC/ST provisions exists.
The court may grant anticipatory bail under the SC/ST Act if the allegations against the accused are not substantiated and prior complaints exist.
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.
The court considered the behavior and history of the complainant's party in filing false complaints as influential in granting anticipatory bail to the petitioner.
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