ARUN KUMAR YADAV ALIAS ANIL KUMAR YADAV v. THE STATE OF JHARKHAND
Cr.A(SJ)/237/2025 · 2025-07-15
Sanjay Prasad
body2025
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[ 2025 DAILYLAW 5964 (JHR) · dailylaw.ai ]
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[ 2025 DAILYLAW 5964 (JHR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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IN THE HIGH COURT OF JHARKHAND AT RANCHI
Cr. Appeal (SJ) No.237 of 2025
…. 1. Arun Kumar Yadav @ Anil Kumar Yadav, aged about 28 years, son of Pokhan Yadav,
2. Bhola Gope @ Bhola Yadav, aged about 37 years, son of Late Parmeshwar Gope,
3. Ruplal Gope @ Ruplal Yadav, aged about 30 years, son of Late Parmeshwar Gope,
4. Gautam Kumar, aged about 22 years, son of Jagdish Gope,
5. Naresh Yadav, aged about 39 years, son of Kameshwar Gope,
6. Ajay Yadav, aged about 26 years son of Shibu Gope,
7. Chhotu Yadav, aged about 26 years, son of Prabhu Gope,
8. Ajit Kumar Yadav, aged about 25 years, son of Binod Yadav,
9. Ranjeet Yadav @ Ranjeet Kumar, aged about 22 years, son of Chando Yadav,
10. Santosh Yadav @ Santosh Kumar, aged about 26 years, son of Jugal Yadav @ Jugal Gope,
11. Mukesh Yadav, aged about 32 years, son of Somar Gope @ Somar Yadav,
12. Ranjeet Kumar Yadav @ Ranjit Kumar Yadav, aged about 28 years, son of Dwarika Yadav,
13. Bali Gope @ Bali Kumar Yadav, aged about 36 years, son of Lokan Gope,
14. Jitan Gope, aged about 50 years, son of Hulas Gope,
15. Baleshwar Gope, aged about 40 years, son of Saryu Gope,
16. Rahul Kumar Yadav, aged about 33 years, son of Prabhu Gope,
17. Suresh Yadav @ Suresh Gope, aged about 30 years, son of Indra Gope,
18. Umesh Kumar Yadav, aged about 28 years, son of Keshu Gope,
19. Ishwar Yadav @ Ishwar Kumar Yadav, aged about 31 years, son of Mahesh Gope @ Mahesh Yadav,
20. Ashok Yadav @ Ashok Kumar, aged about 24 years, son of Tejan Gope,
21. Upendra Yadav, aged about 35 years, son of Sitaram Yadav,
22. Bhuneshwar Gope @ Bhuneshwar Yadav, aged about 46 yeas, son of Meghan Gope,
23. Baleshwar Gope, aged about 45 years, son of Jano Gope,
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24. Hiralal Yadav @ Harilal Yadav, aged about 30 years, son of Late Dular Gope @ Dular Yadav,
25. Dulari Devi, aged about 36 years, wife of Jhari Yadav,
26. Bhagiya Devi, aged about 46 years, wife of Pokhan Yadav,
27. Kamali Devi, aged about 34 years, wife of Krishna Yadav,
28. Anita Devi, aged about 40 years, wife of Baleshwar Gope @ Baleshwar Yadav,
29.
Uma Devi @ Suma Devi, aged about 43 years, wife of Lilo Gope,
30. Uma Devi @ Uma Kumari, aged about 28 years, wife of Dilip Yadav,
31. Dhanwa Devi, aged about 43 years, wife of Sitaram Gope,
32. Sunita Devi, aged about 43 years, wife of Pachu Gope,
33. Dulari Devi @ Hulsi Devi, aged about 62 years, wife of Yado Gope,
34. Bhuneshwari Devi, aged about 40 years, wife of Jitan Gope
All are residents of village Kushumbha, P.O. & P.S.- Katkamdag, Dist.-Hazaribagh
……Appellants
Versus
1. The State of Jharkhand
2. Ganesh Turi, son of Chhakauri Turi, resident of village Kushumbha, P.O. & P.S.-Katkamdag, Dist.-Hazaribagh
……Respondents
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CORAM: HON'BLE MR. JUSTICE SANJAY PRASAD
-----
For the Appellants : Mr. Rajesh Kumar, Advocate
For the State
: Mr. Achinto Sen, APP For the Resp. No.2 : Mr. V. Kumar, Advocate
……
Order No.05/15.07.2025
This Criminal Appeal has been filed on behalf of the appellants by challenging the order dated 20.12.2024 passed in Anticipatory Bail Petition No.2275 of 2024 by Ms. Kashika M. Prasad, learned Addl. Sessions Judge VI, Hazaribagh by which the prayer of anticipatory bail of the appellants has been rejected in connection with Katkamdag P.S. Case No.157 of 2021, registered
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for the offences under Sections 147,149,341,323,324,307, 337,379,504,506 of the IPC and Section 3(1)(5) of the SC/ST (Prevention of Atrocities) Act which is pending in the court of learned A.D.J. VI, Hazaribagh
2. I.A. (Cr.) No.8607 of 2025 has been filed on behalf of the appellants and Respondent No.2 by way of a Joint Compromise Petition on 04.07.2025.
3. Heard learned counsel for the appellants and learned counsel for the State as well as learned counsel for the Respondent No.2.
4.
Learned counsel for the appellants has submitted that the allegations levelled against the appellants by the Informant are false and concocted and entire villagers have been made the accused persons in this case on account of prevailing dispute. It is submitted that now the case has been compromised on the appellants and the informant side and they have filed a Joint Compromise Petition before the learned Court below on
04.07.2025. It is submitted that both the sides i.e the appellants and the Informant have further filed the Joint Compromise Petition before this Court as I.A. No.8607 of 2025 on 04.07.2025 and hence, the impugned order dated 20.12.2024 passed by the learned Court below may be set aside and this Criminal Appeal may by allowed and the appellants may be enlarged on anticipatory bail. 5. Learned APP has opposed the prayer of the appellants. 6. However, learned counsel for the Respondent No.2 submitted that the case has been compromised among the appellants and the Informant and the Informant has no grievances against the appellants. 7. Perused the I.A. No.8607 of 2025 and considered the
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submission of both the sides. 8. It appears that a Joint Compromise petition has been filed by the both the sides and they have enclosed their respective Aadhaar Cards and their respective signature in the I.A.(Cr.) No. 8607 of 2025. 9. Paragraph Nos.4 to 11 of the I.A (Cr) No.8607 of 2025 read as follows:-
“Para-4:-That there was some dispute with regard to the worship place between the parties and the same has been settled now in between them and hence there are no grievances against each other. Para-5:- That both the parties agreed to not interfere in each-other rights and every person of the locality have every right to do their pray at the worship place in the future. Para-6:- That it is agreed between the parties that they will respect each other filings and not interfere in their respective belief. Para-7:-That since the dispute was purely personal in nature and hence, they have settled their grievances with the help of well wishers. Para-8:- That it is humbly stated that in view of the compromise taken place between the parties, the parties have no grievance against each other.
Para-9:- That it is humbly stated and submitted that since the dispute is purely a personal dispute between the parties and no public policy is involved, hence the same may be accepted by this Hon’ble Court. Para-10:- That is humbly stated and submitted that as no public policy is involved in the present case, permission may be granted to compound the offence in the interest of justice. Para-11:- That it is humbly stated and submitted that the compromise has been entered into between the parties amicably without any coercion and threat.”
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10. The above I.A.(Cr) No.8607 of 2025 has been signed by Mr. Rajesh Kumar, learned counsel for the appellants and Mr. V. Kumar, learned counsel appearing on behalf of the Opposite Party No.2 and the appellants and the Opposite Party No.2 have also sworn their respective affidavits and put their respective signatures and their Aadhaar Card have also been enclosed in I.A. No.8607 of 2025 which are kept at page no.9/A, and 11/A respectively. 11. Under the circumstances, the parties are permitted to get the case compromised accordingly. 12. Considering the facts and circumstances of this case, the appellants are directed to surrender before the learned Court below within six (06) weeks from today, and in the event of their arrest or surrender, the appellants namely 1. Arun Kumar Yadav @ Anil Kumar Yadav, 2. Bhola Gope @ Bhola Yadav, 3. Ruplal Gope @ Ruplal Yadav, 4. Gautam Kumar, 5. Naresh Yadav, 6. Ajay Yadav,
7. Chhotu Yadav, 8. Ajit Kumar Yadav, 9. Ranjeet Yadav @ Ranjeet Kumar, 10. Santosh Yadav @ Santosh Kumar, 11. Mukesh Yadav, 12. Ranjeet Kumar Yadav @ Ranjit Kumar Yadav, 13. Bali Gope @ Bali Kumar Yadav, 14. Jitan Gope, 15. Baleshwar Gope,
16. Rahul Kumar Yadav, 17. Suresh Yadav @ Suresh Gope, 18.Umesh Kumar Yadav, 19.Ishwar Yadav @ Ishwar Kumar Yadav, 20. Ashok Yadav @ Ashok Kumar, 21. Upendra Yadav, 22.Bhuneshwar Gope @ Bhuneshwar Yadav 23.
Baleshwar Gope, 24.Hiralal Yadav @ Harilal Yadav, 25.Dulari Devi, 26. Bhagiya Devi, 27. Kamali Devi, 28. Anita Devi, 29. Uma Devi @ Suma Devi, 30. Uma Devi @ Uma Kumari, 31. Dhanwa Devi, 32. Sunita Devi, 33. Dulari Devi @ Hulsi Devi, 34. Bhuneshwari Devi are
directed to be released on anticipatory bail, on furnishing bail
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bonds of Rs.15,000/- (Fifteen thousand only) with two sureties of the like amount each to the satisfaction of Ms. Kashika M. Prasad, learned Addl. Sessions Judge VI, Hazaribagh, or her Successor Court in connection with Katkamdag P.S. Case No.157 of 2021.
13. However, the impugned order dated 20.12.2024 passed in ABP No.2275 of 2024 by Kashika M. Prasad, learned Addl. Sessions Judge VI, Hazaribagh in connection with Katkamdag P.S. Case No.157 of 2021 is set aside.
14. I.A. (Cr) No.8607 of 2025 is allowed and stands disposed of.
15. Thus, this criminal Appeal (SJ) No.237 of 2025 is allowed and stands disposed of.
(Sanjay Prasad, J.) Nishant/-