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2025 DAILYLAW 23943 (JHR)

RATAN KUMAR v. THE STATE OF JHARKHAND

Cr.A(SJ)/620/2024 · 2025-06-20

Gautam Kumar Choudhary

Criminal Appealbody2025

Judgment text

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2025:JHHC:16372 IN THE HIGH COURT OF JHARKHAND AT RANCHI Cr. Appeal (S.J.) No. 620 of 2024 ----- Ratan Kumar, S/o Janardan Singh, R/o Parvat Bihar Colony, Edalhatu, P.O.- Ranchi University, P.S.-Bariyatu, Dist.-Ranchi … …. Appellant Versus 1. The State of Jharkhand 2. Bahadur Das, S/o Lakhan Das, R/o Village-Shivaji Path, Siyaram Nagar, Edalhatu, P.O. & P.S.-Bariyatu, Dist.-Ranchi … …. Respondents ----- CORAM: HON'BLE MR. JUSTICE GAUTAM KUMAR CHOUDHARY ----- For the Appellant : Mr. Pran Pranay, Advocate Mr. Amit Kr. Sinha, Advocate For the State : Mr. Vishwanath Roy, Spl. PP For the Respondent No.2 : M/s Afaque Rashidi & Aulia Begum, Advocates ----- Oral Order 07 / Dated : 20.06.2025 Instant criminal appeal has been filed under Section 14A(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 against the order dated 20.07.2024 passed in Misc. Cr. Application No. 2206 of 2024 by the court of learned Additional Judicial Commissioner-II-cum-Special Judge, SC/ST Act, Ranchi in SC/ST Case No. 99 of 2023 (Ranchi Sadar SC/ST P.S. Case No. 09 of 2023) under Section 406, 420, 504, 506 and 120B of Indian Penal Code and Section 3(1)(s)(r) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. Earlier Cr. Appeal (S.J.) No. 841 of 2023 was preferred by this appellant which was dismissed by this Court vide order dated 30.04.2024, and the instant appeal is preferred against the order of rejection of the bail application dated 20.07.2024 on the ground that the appellant is languishing in jail custody since 02.09.2023 and till date, not a single witness has been examined. It is further submitted by learned counsel for the appellant that he has already returned Rs.7,00,000/- and the photo copy of the cash receipt and bank receipt has been filed along with the memo of appeal. It is also submitted that the Hon’ble Supreme Court has repeatedly observed that the 2025:JHHC:16372 2 Court cannot assume the role of a recovery agent for a party. Learned Spl. P.P., assisted by the counsel on behalf of respondent No.2, has opposed the prayer for bail. A counter affidavit has been filed on behalf of respondent no. 2 stating therein that he has not received any amount which was defrauded from him. It is contended by the learned counsel for the appellant that the statement made in para-7 of the counter affidavit that no amount has been received is a false statement given on oath. Considering the submissions of learned counsel and the fact as discussed above, the appellant, above named, is directed to be enlarged on bail, during the pendency of the appeal, on furnishing bail bond of Rs.25,000 (Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of court below in connection with SC/ST Case No. 99 of 2023 (Ranchi Sadar SC/ST P.S. Case No. 09 of 2023). Criminal appeal is allowed. I.A., if any, stands disposed of. (Gautam Kumar Choudhary, J.) AKT/Satendra