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IN THE HIGH COURT OF JHARKHAND AT RANCHI
NAVNEET KUMAR
Shibu Mahto @ Shiv Shankar Mahto, S/o Birasay Mahto – 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 18.11.2023 passed by the learned Vacation Judge, Ramgarh in A.B.P. No.732 of 2023, by which the prayer for anticipatory bail of the appellants have been rejected in connection with Ramgarh (SC/ST) Case No.08 of 2021 registered under Sections 147 , 148, 149, 341, 323, 324 & 34 of IPC and Section 3(1)(r) of SC/ST(POA) Act, 1989.
3. It has been submitted on behalf of the appellants that the gist of the prosecution story as alleged in the F.I.R is that there was a land property dispute between the parties and altercation took place between them and the informant has made an allegations against 14 named and other accused persons for using abusive languages by taking the name of their caste and insulting them and the informant had also sustained injuries.
4. It has further been submitted on behalf of the appellants that the real dispute between the parties is with respect to the land and not because of the informant belonging to SC/ST community and therefore it is prayed on behalf of the appellants that no of
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.
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.
Anticipatory bail can be granted when allegations do not pertain to SC/ST status but arise from a land dispute.
Anticipatory bail is maintainable when no substantive offence under SC/ST provisions exists.
Anticipatory bail may be granted in cases where prior investigations established insufficient evidence supporting rape allegations, even with subsequent prima facie findings.
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.
The Court may grant anticipatory bail when allegations do not establish an offense under relevant statutes, and ongoing negotiations are present.
Anticipatory bail may be granted when allegations lack direct attribution to the accused, supporting the principle of fairness in justice.
Anticipatory bail can be granted if no prima facie case is established under the SC/ST Act, as per the ruling in Dr. Subhash Kashinath Mahajan v. State of Maharashtra.
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