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2025 DAILYLAW 24764 (JHR)

BABLU YADAV ALIAS UTTAM KUMAR ALIAS UTTAM KUMAR YADAV v. THE STATE OF JHARKHAND

Cr.A(SJ)/567/2024 · 2025-01-29

Ambuj Nath

Criminal Appealbody2025

Judgment text

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IN THE HIGH COURT OF JHARKHAND AT RANCHI Cr. Appeal (SJ) No. 459 of 2024 1. Ajay Singh, aged about 53 years, son of Mukutdhari Singh, resident of Abdul Aziz Road, P.O. & P.S.-Madhupur, Dist.- Deoghar. 2. Ajit Kumar Bhagat @ Ajit Bhagat, aged about 45 years, son of Foudar Bhagat, resident of Vill.- Badbad, P.O. & P.S.- Madhupur, Dist.-Deoghar. 3. Umesh Kumar Yadav @ Umesh Yadav, aged about 29 years, son of Nakul Mahato, resident of Vill.-Kushwaha, P.O. & P.S.- Madhupur, Dist.-Deoghar. … … Appellants - Versus - 1. The State of Jharkhand 2. Fulmani Soren, wife of Baburam Soren, resident of Vill.- Badbad, P.O. & P.S.-Madhupur, Dist.-Deoghar. ... … Respondents WITH Cr. Appeal (SJ) No. 567 of 2024 Bablu Yadav @ Uttam Yadav @ Uttam Kumar Yadav aged about 33 years, son of Bhudeo Prasad Yadav, resident of Vill.- Kalipur Town, P.O. & P.S.- Madhupur, Dist.-Deoghar. … … Appellant - Versus - 1. The State of Jharkhand 2. Fulmani Soren, wife of Baburam Soren, resident of Vill.- Badbad, P.O. & P.S.-Madhupur, Dist.-Deoghar. ... … Respondents ------ CORAM: - HON’BLE MR. JUSTICE AMBUJ NATH ----- For the Appellants : M/s. Pran Pranay, Advocate For the State : M/s. Ruby Pandey, A.P.P : M/s. Lily Sahay, A.P.P For the Resp. No. 2: M/s. Khailda Haya Rashmi, Advocate --- 04/29.01.2025 Heard the parties. Both these appeals arise out of same police case. Accordingly, they are being disposed of by a common order. These Criminal Appeals have been filed against the order dated 15.07.2024 and 07.08.2024, respectively, passed by learned Additional Sessions Judge-I-cum Special Judge, Deoghar in connection with Madhupur P.S. Case No. 130/2024, whereby and wherein the Additional Sessions Judge-I-cum Special Judge, Deoghar rejected the Anticipatory Bail application of the appellants. Appellants are apprehending their arrest in connection with Madhupur P.S. Case No. 130/2024, registered under Sections 341, 323, 324, 325, 354(B), 427, 504/34 of the Indian Penal Code and under Sections 3(1)(xi)(x) (v) of the Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act, pending in the Court of learned Additional Sessions Judge-I-cum Special Judge, Deoghar. On 26.06.2024, the appellants along with co-accused persons had tried to dispossess the informant from his land. There was some altercation between the parties and it is alleged that the accused persons abused the informant by using filthy languages and also assaulted him. The informant appears to be a member of Scheduled Tribe. Learned lawyer for the appellants submitted that no injury was caused to the informant or any person. It was further submitted that the occurrence has taken place due to land dispute between the parties. Learned lawyer for the respondent no. 2 has opposed the prayer for bail and submitted that the anticipatory bail can only be heard, if no prima facie case was made out under SC/ST Act. This appears to be a case of land dispute between the parties. The informant had complained of body ache and when he was examined by a doctor, no visible injury was found on his person. Regard being had to the facts and circumstance of the case; I am inclined to extend the privilege of Anticipatory Bail to them. They are directed to surrender before the court below within two weeks from the date of receipt of copy of this order and learned court below on their surrender shall release them on bail on furnishing bail bonds of Rs. 25,000/- (Twenty five Thousand only) each with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-I-cum Special Judge, Deoghar in connection with Madhupur P.S. Case No. 130/2024 Subject to the conditions as laid down under Section 482 (2) B.N.S.S. (Ambuj Nath, J.) Saurabh uploaded