Sanu Kumar Dey @ Gopi Kumar Dey vs The State Of Jharkhand
2022 Latest Caselaw 2620 Jhar

                      IN THE HIGH COURT OF JHARKHAND AT RANCHI
                             Criminal Appeal (S.J.) No. 422 of 2021
                                         ....

            Sanu Kumar Dey @ Gopi Kumar Dey                         ....     Appellant
                                         Versus
            1. The State of Jharkhand
            2. Nand Kumar Hembram                                    .... Respondents
                                         ....
            CORAM:           HON'BLE MR. JUSTICE RAJESH KUMAR

                For the Appellant             : Mr. Rahul Kumar, Adv.
                For the State                 : Mr. Jitendra Pandey, A.P.P.
                For the Res. No.2             : None
                                              ....
07/13.07.2022            The present application has been filed under Section 14(A) of the Schedule

Castes/Schedule Tribes (Prevention of Atrocities) Act.

In spite of information given to the victim, nobody appears on behalf of the victim to participate in the proceeding.

Heard learned counsel for the appellant and learned counsel for the State. This criminal appeal has been filed against the order dated 08.09.2021 passed by the learned Distt. & Addl. Sessions Judge-I cum Special Judge, Dumka in A.B.P. No.258 of 2021 arising out of Shikaripara P.S. Case No.86 of 2020, registered for the offence under Section 3 of the SC/ST (Prevention of Atrocities) Act by which prayer for anticipatory bail of the appellant has been rejected.

It has been submitted by learned counsel for the appellant that there is a land dispute between the parties and in fact dispute has been created by the victim. The appellant is residing within his house and was repairing the same. He has been disturbed and this false case has been lodged. Further he has responded to the notice issued under Section 41(A) of Cr.P.C. Referring to the judgment of Hon'ble Apex Court in the case of Hitesh Verma Vrs. State of Uttarakhand reported in 2020 (10) SCC 710, it has been submitted that bar of Section 18 of the SC/ST (PoA) Act will be not applicable in the present case.

On the other hand, learned APP has opposed the prayer.

Considering the nature of dispute and the material available on record, the appellant is directed to surrender in the court below, within four weeks from the date of receipt/production of this order, and in the event of his arrest or surrender, the court below shall enlarge him on bail, on his furnishing bail bond of Rs.10,000/- (Ten Thousand) with two sureties of like amount each to the satisfaction of the learned District & Addl. Sessions Judge-I cum Special Judge, Dumka in connection with Shikaripara P.S. Case No.86 of 2020, on the conditions as laid down under Section 438 (2) Cr.P.C.

Accordingly, the instant appeal is, hereby, allowed.

(Rajesh Kumar, J.) Shahid/