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2025 DAILYLAW 23667 (JHR)

AJIT KUMAR ALIAS AJIT THAKUR v. THE STATE OF JHARKHAND

Cr.A(SJ)/580/2024 · 2025-02-04

Ambuj Nath

Criminal Appealbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

IN THE HIGH COURT OF JHARKHAND AT RANCHI Cr. Appeal (SJ) No. 580 of 2024 Ajit Kumar @ Ajit Thakur, aged about 35 years, son of Late Lalan Ram, resident of Sector-03-E, Qr. No. 569, Bokaro Steel City, Bokaro, P.O. Sector-3, P.S. Bokaro Steel City, District Bokaro, Jharkhand--- --- Appellant Versus 1. The State of Jharkhand 2. Dular Chaura @ Chore, S/o not known, Officer-in-Charge, B.S. City P.S., P.O. Sector-3, P.S. Bokaro Steel City, District Bokaro, Jharkhand --- --- Respondents --- CORAM: Hon’ble Mr. Justice Ambuj Nath --- For the Appellants: Dr. (Mrs.) Vandana Singh, Advocate For the Resp.-State: Mr. Rakesh Ranjan, A.P.P. For the Resp. No. 2: Ms. Tanu Kumari, Amicus Curiae --- I.A. No. 9385 of 2024 07 / 04.02.2025 This Interlocutory Application has been filed under section 5 of the Limitation Act for condonation of delay of 357 days in filing the present criminal appeal. 2. In view of grounds stated at paragraph nos. 4 and 5 of this interlocutory application, delay in filing this appeal is hereby condoned. 3. Accordingly, the aforesaid I.A. stands allowed. Cr. Appeal (SJ) No. 580 of 2024 Heard the parties. 4. Appellant is apprehending his arrest in connection with Bokaro Steel City P.S. Case No. 256 of 2022 corresponding to SC/ST Case No. 01 of 2023 for the offences registered under sections 341, 323, 307, 325, 353, 504, 506 and 34 of the Indian Penal Code and section 3(1)(X) of the Schedule Caste and Schedule Tribe (Prevention of Atrocities) Act, pending in the court of learned Additional Sessions Judge-1-cum-Special Judge, Bokaro. 5. On 05.11.2022, appellant along with co-accused persons are alleged to have assaulted the victim who is a member of Scheduled Caste, causing grievous injury. It is also alleged that accused persons also abused by calling her by her caste name. 6. Learned counsel for the appellant submitted that there is no specific allegation against the appellant on the record. She further submitted that co- accused persons have been granted regular bail by the learned court below itself. 7. Mr. Rakesh Ranjan, learned A.P.P, assisted by Ms. Tanu Kumari, have vehemently opposed the prayer for bail and submitted that there is specific 2. allegation against the appellant and co-accused Raju Thakur that they have given lathi blow on the person of the victim, due to which, she sustained fracture in her hand. 8. Considering the nature of allegation, I am not inclined to extend the privilege of anticipatory bail to the appellant. Accordingly, his prayer for bail anticipatory bail stands rejected. 9. Appellant may surrender before the learned court below within two weeks from the date of receipt of a copy of this order and pray for regular bail. The learned court below while deciding the bail application of the appellant, may consider the fact that co-accused persons have been granted bail. 9. Before parting, I would like to record my appreciation to Ms. Tanu Kumari, learned Amicus Curiae who has ably assisted this court during course of hearing of the present case. The Secretary, JHALSA is directed to pay Rs. 5,000/- as remuneration to Ms. Tanu Kumari, learned Amicus Curiae. (Ambuj Nath, J) Ranjeet/ Uploaded