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IN THE HIGH COURT OF JHARKHAND AT RANCHI
NAVNEET KUMAR
Hemant Kumar @ Hemant Saw, son of Arvind Kumar – Appellant
Versus
State of Jharkhand – Respondent
Order :
(Navneet Kumar, J.)
Heard learned counsel appearing for the appellants and learned APP appearing on behalf of the State.
2. The instant appeal is directed against the order dated 26.09.2024 passed by the learned A.D.J-I-cum-Special Judge, SC/ST Dhanbad in M.C.A. No.2463 of 2024, by which the prayer for anticipatory bail of the appellants have been rejected in connection with Complaint Case No.1460 of 2017 corresponding to SC/ST Case No.226 of 2018 for the offence under Sections 420 , 406, 34 of IPC and under Sections 3(1)(r) of the SC/ST (POA) Act.
3. It appears from the record that despite proper service of notice to the complainant respondent No.2, no-one has entered into the appearance on behalf of the complainant-respondent No.2.
4. It appears from the previous order dated 19.02.2025 that one more opportunity was granted to the respondent No.2 to appear in this case but no-one has appeared on behalf of respondent No.2.
5. It is submitted on behalf of the appellants that no criminal offence is made out against these appellants in view of the fact that the entire allegations as alleged in the complaint petition was of civil in nature where transaction of loan amount by keeping
The court ruled that where the main accused in a case has died, allegations stemming from civil transactions do not constitute a criminal offence, necessitating anticipatory bail for related appellan....
Anticipatory bail may be granted when allegations lack direct attribution to the accused, supporting the principle of fairness in justice.
The court granted anticipatory bail under the SC/ST Act, emphasizing that custodial interrogation was not necessary given the nature of the allegations and the appellant's prior bailable offences.
The court established that anticipatory bail can be granted when custodial interrogation is not necessary, especially in cases involving significant delays in filing allegations under the SC/ST Act.
Anticipatory bail can be granted when allegations do not pertain to SC/ST status but arise from a land dispute.
The main legal point established is that in cases with omnibus allegations and lack of specific allegations against each accused, the court may grant anticipatory bail if there are no prima facie cas....
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 established that anticipatory bail can be granted if no prima facie case exists under the SC/ST Act, based on judicial discretion and the specifics of the case.
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