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Neutral Citation No.
( 2025:JHHC:16414 ) 1
IN THE HIGH COURT OF JHARKHAND AT RANCHI Criminal Appeal (S.J.) No. 229 of 2025
--------- Vishwanath Yadav
..… Appellant
Versus 1.The State of Jharkhand 2.Rambarat Paswan
….. Respondents
----------
CORAM: HON'BLE MR. JUSTICE SANJAY PRASAD
---------- For the Appellant : Mr. Lalit Yadav, Advocate For the State : Mr. Bishambhar Shastri, A.P.P. For the Informant : Mr. Rajesh Kumar Singh, Advocate
--------- 03/20.06.2025 This Criminal Appeal has been filed on behalf of the Appellant challenging the order dated 19.02.2025, passed in Misc. Cr. Application No. 278 of 2025, by learned Additional Sessions Judge-I, Chatra, by which prayer for bail made on behalf of the Appellant-Vishwanath Yadav has been rejected in connection with Hunterganj P.S. Case No.45 of 2024, instituted for the offences under Sections 419/420 of I.P.C. and Section 3/4 of Scheduled Caste and the Scheduled Tribe (Prevention of Atrocities) Act, pending in the Court of learned Additional Sessions Judge-I, Chatra.
2.
As per the complaint petition, the complainant had given Rs.1,12,000/- to one Santan Singh, i.e. Accused No.1 in the year 2020 and when he demanded the money from Accused No.1 Santan Singh, then Panchayati was held in the village by the local villagers and it is alleged that in the Panchayat, the Accused No.s 2 to 7, including this appellant, are
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alleged to have abused the Informant-Complainant in the name of his caste.
3.
Learned counsel for the appellant has submitted that the impugned order passed by the learned Court below is illegal, arbitrary and not sustainable in law. It is submitted that the appellant is innocent and has committed no offence. It is submitted that the appellant, at best, is alleged to have abused the Informant and no amount had been taken by the appellant. It is submitted that the Informant had handed over the money to one Santan Singh and he is the main person and the appellant is in custody since 05.02.2025 and hence, he may be enlarged on bail.
4.
On the other hand, learned A.P.P. has opposed the prayer for bail.
5.
Learned counsel for the Informant has also opposed the prayer for bail. It is submitted that the appellant had threatened and abused the Informant in the name of his caste. It is submitted that the appellant has got four criminal antecedents and he is a highly influential person in the village. It is submitted that the Informant and the other witnesses have fully supported the case against the appellant and hence, the prayer for bail of the appellant may be rejected.
6.
Perused the F.I.R. and the Case Diary and considered the submissions of both sides.
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7.
It appears that the F.I.R. was lodged against the appellant and six other persons on 02.03.2024 in the light of Complaint Case No.31 of 2023 filed by the Informant against the appellant and other Six (06) persons, namely Santan Singh, Mansi Ram, Munni Devi, Vishwnath Yadav, Dil Chand Yadav, Sudhir Yadav and Baso Devi on 05.03.2024 for the offence under Sections 419/420 of I.P.C. and under Section 3/4 of the Scheduled Caste and the Scheduled Tribe (Prevention of Atrocities) Act.
8.
It reveals from the complaint petition that the money was handed over to one Santan Singh (i.e. Accused No.1), by the complainant.
9.
It appears from the complaint petition that the appellant is alleged to have only abused the Informant. Although the appellant has four antecedents, but this is not a case in which he is directly involved for taking the money from the Complainant, rather, at best, he is alleged to have threatened the Informant to help the co-accused no.1 Santan Singh
10.
In view of the above and on the facts and in the circumstances of this case, the Appellant, Vishwanath Yadav, is directed to be released on Bail, on furnishing bail bonds of Rs.20,000/- (Rupees Twenty thousand) with two sureties of the like amount each in connection with Hunterganj P.S. Case No.45 of
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2024, to the satisfaction of the learned Additional Sessions Judge-I, Chatra.
11.
Thus, the
order dated 19.02.2025, passed by learned Additional Sessions Judge-I, Chatra, in connection with Hunterganj P.S. Case No.45 of 2024, is set aside.
12.
Thus, this Criminal Appeal (S.J.) No. 229 of 2025 is allowed.
(Sanjay Prasad, J.) s.m.