Gaurav Kumar @ Subham Gupta @ ... vs The State Of Jharkhand
2021 Latest Caselaw 1673 Jhar

IN THE HIGH COURT OF JHARKHAND AT RANCHI
             Cr. Appeal (S.J.) No. 1148 of 2019
                         ...

Gaurav Kumar @ Subham Gupta @ Shubham Kumar ... Appellant

-V e r s u s-

1.The State of Jharkhand
2.Anita Devi                                .....              Respondents
                         ...
Coram:        HON'BLE MR. JUSTICE AMITAV K. GUPTA
                      ...
For the Appellant     : Mr. Suraj Kumar, Advocate.
For the State         : Mr. Tapas Roy, APP.

For the Resp. No. 2 : Mr. A. K. Sahani, Advocate.

...

10/07.04.2021

1. The appeal is directed against the judgment dated 11.10.2019,

passed by the court of the learned Additional Judicial Commissioner-

XIV, Ranchi, rejecting the prayer for grant of anticipatory bail to the

appellant in connection with Mandar P.S. Case No. 67 of 2019,

registered under sections 147, 341, 323, 504 and 506 of the Indian

Penal Code and section 3 (1) (x) of the Scheduled Castes and

Scheduled Tribes (Prevention of Atrocities) Act, 1989.

2. Heard the learned counsel for the appellant and the objection

raised by the learned counsel appearing on behalf of the opposite party

no. 2 and the A.P.P.

It transpires from the case diary that on completion of

investigation the police has submitted the charge-sheet under section

3 (1) (x) of the Scheduled Castes and Scheduled Tribes (Prevention of

Atrocities) Act, 1989 and allied sections of the Indian Penal Code. The

witnesses have supported the allegation that the appellant had abused

and insulted the informant by her caste-name. The criminal antecedent

report submitted by the I.O. has been annexed with the counter

affidavit filed by the learned A.P.P. The appellant has criminal antecedent as he is an accused in Mandar P.S. Case No. 50 of 2016

under sections 384, 385 and 393 of the Indian Penal Code. There are

three other cases registered against the appellant after lodging of the

instant case.

Thus, considering the fact, that the appellant has criminal

antecedent, the prayer for grant of anticipatory bail to the petitioner is,

hereby, declined. The appellant is directed to surrender in the court

below and pray for regular bail and the court below shall pass

necessary order on merits without being prejudiced by this order.

3. With the aforesaid direction, the appeal is, hereby, dismissed.

(AMITAV K. GUPTA, J.) APK