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IN THE HIGH COURT OF JHARKHAND AT RANCHI
Navneet Kumar
Birendra Sinha @ Birendra Prasad – Appellant
Versus
State of Jharkhand – Respondent
JUDGMENT :
NAVNEET KUMAR, J.
Heard Ms. Arpita Sinha, learned counsel appearing on behalf of the Appellant and Mr. Shashi Kr. Verma, learned APP appearing on behalf of the State, assisted by Ms. Supriya Dayal, who is Amicus Curiae and appointed on behalf of the Respondent No.2. to assist this Court, since no one has appeared on behalf of Respondent No. 2 even after proper service of notice.
2. This appeal is directed against the order dated 8.7.2024 passed by learned Special Judge, SC/ST, Giridih in ABP No.834 of 2024, whereby and wherein the prayer of the appellant for grant of anticipatory bail has been rejected, in connection with SC/ST Giridih P.S. Case No.16 of 2024, registered under Sections 3 54(B)/323 of IPC and under Sections 3 /4 of the SC/ST (Prevention of Atrocities) Act, corresponding to complaint case No.03 of 2024, which is pending in the Court of learned Special Judge, SC/ST Act, Giridih.
3. It is submitted on behalf of the appellant that on 11.01.2024, a Complaint Case No. 3 of 2024 was filed by the complainant / Respondent No.2 before the Special Court, SC/ST Giridih, which was referred to SC/ST police station and then the formal FIR was drawn on 14.04.2024 as SC/ST Gi
The delay in filing a complaint raises doubts about credibility; anticipatory bail granted in light of insufficient evidence and potential for fabricated allegations.
Anticipatory bail may be granted in cases where prior investigations established insufficient evidence supporting rape allegations, even with subsequent prima facie findings.
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....
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.
Anticipatory bail under SC/ST Act granted despite denial of specific assault allegations.
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.
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.
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