Uma Ray @ Umashankar Ray vs The State Of Jharkhand
2023 Latest Caselaw 4262 Jhar

Jharkhand High Court

Uma Ray @ Umashankar Ray vs The State Of Jharkhand on 24 November, 2023

Author: Rajesh Kumar

Bench: Rajesh Kumar

                                       -1-                   Cr. Appeal (S.J) No.290/ 2023


    IN THE HIGH COURT OF JHARKHAND AT RANCHI
             Cr. Appeal (S.J.) No.290 of 2023

    Uma Ray @ Umashankar Ray                           ......         Appellant
                                   Versus
    1.    The State of Jharkhand
    2.    Baleshwar Turi                               .....    Respondents
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CORAM: HON'BLE MR. JUSTICE RAJESH KUMAR

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For the Appellant : Mr. Tarun Kumar No.1, Advocate For the State : Mrs. Shweta Singh, A.P.P For the Resp. No.02 : Mr. Janak Kr. Mishra, Advocate

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               th
08/Dated: 24        November, 2023

1. Heard learned counsel for the appellant, learned counsel for the State and learned counsel for the victim/ respondent No.02.

2. The appellant has approached this Court for grant of anticipatory bail in connection with Bengabad P.S. Case No.567 of 2019, registered for the offence under Sections 147/ 148/ 149/ 341/ 323/ 324/ 307/ 325/ 504/ 506/ 436/ 379 of the Indian Penal Code, and Section 3(s) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act (For short the SC/ ST Act).

3. Innocence of the applicant has been claimed and undertaking has been given for co-operating with the investigating agency and participation in the trial. It has been submitted that there is dispute between the parties for the right of fisheries. The scuffle has taken place between the parties for several times in the past also. In order to settle the civil dispute, the present criminal case has been lodged which is otherwise misuse of the protective provisions of the SC/ ST Act. Further, reference to the judgment of the Hon'ble Apex Court in the case of Hitesh Verma Vs. State of Uttarakhand reported in 2020 (10) SCC 710 has been made and it has been submitted that just to settle the civil dispute the allegation has been exaggerated. On the above basis, prayer for anticipatory bail has been made.

4. On the other hand, earned counsel for the State and learned counsel for the respondent No.2/ victim have opposed the prayer for grant of anticipatory bail. It has been submitted by the learned counsel for the respondent No.2 that the victim has been assaulted and abused also.

5. Considering the fact that there is dispute between the parties over the fisheries right and the scuffle between them has taken place several times, I am inclined to grant the privilege of

-2- Cr. Appeal (S.J) No.290/ 2023

anticipatory bail to the appellant. Accordingly, The appellant is directed to surrender in the court below within four weeks from the date of receipt/ production of the copy of this order and in the event of his arrest or surrender, he shall be enlarged on bail, on his furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each, to the satisfaction of learned Additional Sessions Judge -cum- Special Judge, SC/ ST Act, Giridih, in connection with Bengabad P.S. Case No.567 of 2019, on the conditions as laid down under Section 438(2) of the Cr.P.C, subject to condition that the appellant will submit self-attested photocopy of his Aadhaar Card and also submit his mobile numbers before the learned court below which he will always keep active and will not change it during pendency of the case without prior permission of the court.

6. In the result, the appeal is, hereby, allowed.

(Rajesh Kumar, J.) Chandan/-