Jharkhand High Court
Raj Kapoor Upadhayay Son Of Ram Prakash ... vs The State Of Jharkhand on 11 June, 2025
Author: Sanjay Prasad
Bench: Sanjay Prasad
2025:JHHC:15144
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Cr. Appeal (SJ) No.286 of 2025
....
Raj Kapoor Upadhayay son of Ram Prakash Upadhaya, aged about 40
years, resident of village-Tilara, P.O. and P.S. Ichak, District-
Hazaribagh ......Appellant
Versus
1. The State of Jharkhand
2. Victim ......Respondents
-----
CORAM: HON'BLE MR. JUSTICE SANJAY PRASAD
-----
For the Appellant : Mr. Mohit Prakash, Advocate
For the State : Mr. Manoj Kr. Mishra, APP
......
Order No.03/11.06.2025
This Criminal Appeal has been filed on behalf of the
appellant by challenging the order dated 21.02.2025 in MCA
No.423 of 2025 passed by the learned Additional Session's Judge-
VI, Hazaribagh by which the prayer for bail of the appellant has
been rejected in connection with Complaint SC/ST Case
No.108/2023 instituted for the offences under Sections 323/34,
341/34, 448/34, 428/34,506/34,354/34 of IPC and Section 3(1)(s)
of SC/ST (POA) Act.
2. As per the complaint case that the appellant and three (03)
others are alleged to have abused and assaulted the complainant
and her husband on 29.08.2020 and on 16.10.2020 and had
allegedly outraged the modesty of the complainant by pulling her
clothes making her half naked .
3. Learned counsel for the State has submitted that the notice
has been served upon the complainant, however, when the case is
called out none appeared on behalf of the complainant.
4. Heard learned counsel for the appellant and learned
counsel for the State.
2025:JHHC:15144
5. Learned counsel for the appellant submitted that the
impugned order passed by the learned Courts below is illegal,
arbitrary and not sustainable in eye of law. It is submitted that there
is general and omnibus allegation against the all the accused
persons including the appellant for abusing her and her husband in
the name of her caste and for assaulting them. It is submitted that
civil dispute has been given the colour of criminal case. It is
submitted that there is a land dispute between the parties prior to
lodging the FIR and even the complainant had instituted Ichak P.S.
Case No.186 of 2020 on 16.10.2020 for outraging her modesty and
assaulting her husband and in the said case the appellant was
granted anticipatory bail by the Co-ordinate Bench (Hon'ble Mr.
Justice Rongon Mukhopadhyay) of this Court in A.B.A No.7706 of
2020 on 12.02.2021. During the course of submission, it is
submitted that in the present case the other two co-accused namely
Shashikant Upadhyay and Bablu Upadhyay have been granted bail
by the Co-ordinate Bench has been granted bail by the Co-ordinate
Bench (Justice Subhash Chand as then His Lordship was) in
Criminal Appeal (S.J.) No. 213 of 2023 on 14.08.2023 and
Criminal Appeal (S.J.) No. 492 of 2023 on 29.01.2024 respectively
marked as Annexure-3 and Annexure-4 in this appeal. It is
submitted that the appellant is in custody since 25.01.2025 and
hence he may be enlarged on bail.
6. On the other hand, learned APP has opposed the prayer
for bail. It is submitted that there is direct allegation against the
appellant for outraging the modesty of the complainant by pulling
her saree and making her half naked. It is submitted that even
earlier also the appellant has criminal antecedent and other co-
accused had also abused and assaulted the complainant and her
2025:JHHC:15144
husband and they are habitual offenders. It is submitted that the
complainant and her husband have fully supported the case and
hence the prayer for bail of the appellant may be rejected.
7. Perused the records and considered the submissions of
both the sides.
8. It appears from the Complaint Case no.73 of 2020 that the
occurrence had taken place on 16.10.2020 however, the FIR was
lodged on 28.10.2020 i.e. more then one month .
9. It further appears that there is land dispute between the
parties and also the complainant had earlier instituted a case i.e.
Ichak P.S. Case No.186 of 2020 in which the appellant had been
granted anticipatory bail in A.B.A. No. 7706 of 202 by the Co-
ordinate Bench (Hon'ble Mr. Justice Rongon Mukhopadhyay) of
this Court vide order dated 12.02.2021.
10. It further appears that the co-accused namely Shashikant
Upadhyay and Bablu Upadhyay have been granted bail by the
Co-ordinate Bench (Justice Subhash Chand as then His Lordship
was) in Criminal Appeal (S.J.) No. 213 of 2023 on 14.08.2023 and
Criminal Appeal (S.J.) No. 492 of 2023 on 29.01.2024
respectively .
11. It appears that the appellate is in custody since
25.01.2025.
12. Considering the facts and circumstances of this case and
also considering the custody of the appellant and considering the
fact that the co-accused persons namely Shashikant Upadhyay and
Bablu Upadhyay have already been granted bail , the appellant
namely Raj Kapoor Upadhayay is directed to be released on bail,
on furnishing bail bonds of Rs.15,000/- (Rs. Fifteen Thousand
Only) with two sureties of the like amount each to the satisfaction
2025:JHHC:15144
of Ms Kashika M. Prasad, learned Addl. Sessions Judge-VI,
Hazaribagh or her Successor Court in connection with Complaint
SC/ST Case No.108/2023.
13. Therefore, in view of the above, the judgment dated
order dated 21.02.2025 in MCA No. 423 of 2025 passed by the
learned Additional Session's Judge-VI, Hazaribagh in connection
with Complaint SC/ST Case No.108/2023 is set -aside.
14. This Criminal Appeal (SJ) No. 286 of 2025 is allowed.
(Sanjay Prasad, J.)
Nishant/-
