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2025 DAILYLAW 28517 (JHR)

PREMCHAND GUPTA ALIAS PREMCHAND KUMAR v. THE STATE OF JHARKHAND

Cr.A(SJ)/742/2024 · 2025-01-31

Ambuj Nath

Criminal Appealbody2025

Judgment text

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IN THE HIGH COURT OF JHARKHAND AT RANCHI Cr. Appeal (S.J.) No. 742 of 2024 1. Premchand Gupta @ Premchand Kumar, aged about 29 years, son of Rajendra Prasad 2. Pintu Yadav @ Pintu Kumar Yadav, aged about 29 years, son of Shudeshwar Yadav 3. Istar @ Satar Ansari, aged about 23 years, son of Sarfuddin Ansari, All residents of village- Bhandar, P.O. Tatidiri, P.S.- Dhurki, District- Garhwa (Jharkhandj) … Appellants - Versus - 1. The State of Jharkhand 2. Upendra Singh, son of Ekbal Singh, resident of village- Kadwa @ Likhanidhoura, P.O. and P.S.- Dhurki, District- Garhwa (Jharkhand) … Respondents ------ CORAM: - HON’BLE MR. JUSTICE AMBUJ NATH ----- For the Appellants : Mr. Sanjay Kumar Pandey No.2, Advocate For the Res.-State : Mr. Sanjay Kumar Srivastava, A.P.P. For the Respondent No.2 : Mr. Anwar Hussain, Advocate --- 04/31.01.2025 Heard the parties. The appellants have filed this criminal appeal against order dated 06.09.2024 passed in A.B.P. No.729 of 2024 passed by learned I/c Additional Sessions Judge, Garhwa, whereby and wherein learned I/c Additional Sessions Judge, Garhwa rejected the anticipatory bail application of the appellants. The appellants are apprehending their arrest in connection with Dhurki P.S. Case No.12 of 2023, for the offences under Sections 341, 323, 379, 427, 504 of the I.P.C. and Section 3(1)(r) of the SC/ST (Prevention of Atrocities) Act, pending in the court of learned District and Sessions Judge-I, Garhwa. It is alleged that on 07.10.2022 at about 5:00 P.M., the appellants had assaulted the respondent No.2 and abused him by his caste name. The occurrence is alleged to have taken place on 07.10.2022 and the complaint case was filed on 13.01.2023 i.e. after three months. It appears that respondent No.2 has not sustained any visible injuries. Mr. Anwar Hussain, learned counsel appearing on behalf of the respondent No.2 has vehemently opposed the prayer for bail. -2- Considering the aforesaid facts, appellants, named above, are directed to surrender before the learned court below within two weeks from the date of receipt of this order and the learned court below on their surrender, shall release them on bail on furnishing bail bonds of Rs.25,000/-(Rupees Twenty Five Thousand) each with two sureties of the like amount each, to the satisfaction of learned District and Sessions Judge-I, Garhwa, in connection with Dhurki P.S. Case No.12 of 2023, subject to the conditions as laid down under Section 482 (2) of the B.N.S.S., 2023. (Ambuj Nath, J.) Jay/-