2025:JHHC:17894 1 IN THE HIGH COURT OF JHARKHAND AT RANCHI Cr. Appeal (S.J) No. 850 of 2024 1.Ujjawal Singh @ Ujwal Kumar Singh aged about 26 years son of Digvijay Singh 2.Prakash Singh @ Prakash Kumar Singh aged about 40 years son of Late Manbahal Singh 3.Sonu Kumar Sahu @ Sonu Nag aged about 24 years son of Seetaram Nag @ Sita Ram Sahu All residents of Barkuli Jhatnitola, P.O. Kasmar, P.S-Torpa, District Khunti …… Appellants Versus 1.The State of Jharkhand 2.Jakrious Hemrom son of Patras Hemrom, resident of Kasmar, P.O. Kasmar, P.S. Torpa, District Khunti ……. Respondents --------- CORAM: HON’BLE MR. JUSTICE SANJAY PRASAD ---------- For the Appellants : Mr. Laxman Kumar, Advocate For the State : Mr. Rakesh Ranjan, APP For the Resp. No.2 : None ----------- 07/Dated:01st July, 2025 Despite passing of order dated 03.04.2025 and 06.05.2025 the informant has not appeared although the notice has been served upon the informant and also been informed by the learned APP and hence the case is being taken today for final argument. 2. The Criminal Appeal (SJ) No.850 of 2024 has been preferred on behalf of the appellants challenging the order dated 07.12.2023 passed in A.B.P. No.309 of 2023 by which their prayer for anticipatory bail in connection with Torpa P.S. Case No.79 of 2023 registered under sections 448, 341, 323, 307, 504, 506, 34 of IPC and under section 3(i)(s) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, has been rejected pending in the Court of learned S.D.J.M, Khunti. 2025:JHHC:17894 2 3. Heard learned counsel for the appellants and learned APP for the State. 4. Learned counsel for the appellants submitted that the impugned order passed by the learned Court below is illegal and not sustainable in law. It has been submitted that there is general and omnibus allegations of abusing and assaulting the informant and his family members against all the accused persons including the present appellants. It has been submitted that co- accused namely, Divya Kumar Singh @ Prince Singh and Dinesh Kumar Singh have already been granted anticipatory bail by the Co-ordinate Bench (Hon’ble Mr. Justice Sanjay Kumar Dwivedi) of this Court in Cr. Appeal (SJ) No.25 of 2024 with Cr. Appeal (SJ) No.830 of 2023 vide order dated 30.09.2024. It is submitted that the injury found on the person of the informant is simple in nature and hence the appellants may be given anticipatory bail. 5. On the other hand, learned APP has opposed the prayer for anticipatory bail. It is submitted that all the appellants had abused and assaulted the informant and his family members in the name of caste. It has been submitted that the informant and some of the family members of the informant have supported the allegations against the appellants and hence the prayer for anticipatory bail to the appellantsmay be rejected. 6. Having heard learned counsel for the parties and on going through the records, it appears that there is a general and omnibus allegation against all the accused persons including the present appellants in question for abusing and assaulting the informant and his family members. 7. It appears from the injury report of the injured that the injury was found simple on the person of the injured. 2025:JHHC:17894 3 8. It also appears that two co-accused namely, Divya Kumar Singh @ Prince Singh and Dinesh Kumar Singh have already been granted anticipatory bail by the Co-ordinate Bench (Hon’ble Mr. Justice Sanjay Kumar Dwivedi) of this Court in Cr. Appeal (SJ) No.25 of 2024 and Cr. Appeal (SJ) No.830 of 2023 respectively vide order dated 30.09.2024. 9. It has been held by Hon’ble Supreme Court in the case of Shajan Skaria vs. State of Kerla reported in 2024 SCC Online SC 2249 that if prima facie case under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act is not made out, anticipatory bail can be granted. 10. Under the circumstances, the order dated 07.12.2023 passed by Sri Sanjay Kumar No.II, learned D.A.S.J-I, Khunti in A.B.P. No.309 of 2023, arising out of Torpa P.S. Case No.79 of 2023, is set aside. 11. Accordingly, the above named appellants namely, Ujjawal Singh @ Ujwal Kumar Singh, Prakash Singh @ Prakash Kumar Singh and Sonu Kumar Sahu @ Sonu Nag are directed to surrender before the learned Court below within six weeks from today and in the event of their arrest or surrender, the appellants shall be released on bail, on furnishing bail bonds of Rs.15,000/- (Rs.Fifteen Thousand) each with two sureties of the like amount each, to the satisfaction of the learned S.D.J.M, Khunti, in connection with Torpa P.S. Case No.79 of 2023. 12. Thus, Cr. Appeal (SJ) No.850 of 2024 is allowed and stands disposed of. (Sanjay Prasad, J.) Saket/-