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2026 DAILYLAW 13008 (JHR)

MUMTAJ ALI ALLIAS MUMTAJ ALIS v. THE STATE OF JHARKHAND

Cr.A(SJ)/168/2026 · 2026-05-14

Rajesh Kumar

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

2026:JHHC:14823 IN THE HIGH COURT OF JHARKHAND AT RANCHI Cr. Appeal (S.J) No.168 of 2026 --------- Mumtaj Ali @ Mumtaj Alis, S/O – Khalil Azad, Aged about 42 years, R/o – Chandankiari Road, Yodhadih More, P.O & P.S – Chas, Dist.- Bokaro, Jharkhand. ….. Appellant Versus 1. The State of Jharkhand 2. Deepak Kumar Das, Son of Late Rudan Ravidas, Aged about 40 years, R/O – Saharpura, P.O – Kesla & P.S – Tundi, Dist. - Dhanbad, Jharkhand ..... Respondents --------- CORAM: HON'BLE MR. JUSTICE RAJESH KUMAR --------- For the Appellant : Ms. Aprajita Bhardwaj, Advocate Ms. Khushboo Kumari, Advocate For the State : Mr. S. K. Tiwari, A.P.P For the Resp. No.2 : Mr. Naresh Prasad Thakur, Advocate --------- Order No.09/ Dated: 14 th May, 2026 1. Heard learned counsel for the appellant, learned A.P.P and learned counsel for the respondent No.2/ victim. 2. The present appeal has been filed under Section 14-A of the Scheduled Castes/Scheduled Tribes (Prevention of Atrocities) Act. The present appeal has been filed against the order dated 02.09.2025, passed by the court of learned Additional Sessions Judge, 1st -cum- Special Judge, SC/ ST (POA) Act, Dhanbad, in A.B.P No.2313 of 2025, whereby the prayer for grant of anticipatory bail to the appellant has been rejected in connection with Dhanbad P.S. Case No.234 of 2025, registered for the offence under Sections 308(4)/ 351(2)/ 352/ 356(2) of BNS, 2023 and Sections 3(1)(s) & 3(1)(r) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act (For short the SC/ ST Act). 3. It has been submitted by the learned counsel for the appellant that respondent No.2/ victim has been posted in the same place for the last 20 years and complaint has been made against his functioning and several letters have also been written. As a counter blast, the present case has been lodged by the respondent No.2, misusing the protective provisions of - 1 - Cr. Appeal (S.J) No.168 of 2026 2026:JHHC:14823 the SC/ST (POA) Act. It has further been submitted that even the F.I.R is vague and omnibus allegation has been alleged. Even the words used against the victim has not been disclosed in the F.I.R. On the above basis, prayer for anticipatory bail has been made. 4. On the other hand, learned A.P.P and learned counsel for the respondent No.2/victim have opposed the prayer. It has been submitted that in a public place, the victim has been demoralized. 5. Considering the fact that the functioning of the alleged victim has been questioned by the public at large, I am inclined to grant the privilege of anticipatory bail to the appellant. Accordingly, The appellant is directed to surrender in the court below within four weeks from the date of receipt/ production of the copy of this order and in the event of his arrest or surrender, he shall be enlarged on bail, on his furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each, to the satisfaction of learned Additional Sessions Judge, 1st -cum- Special Judge, SC/ ST (POA) Act, Dhanbad, in connection with Dhanbad P.S. Case No.234 of 2025, on the conditions as laid down under Section 482 of the B.N.S.S., 2023. Further, the appellant will submit self-attested photocopy of his Aadhaar Card and also submit his mobile number before the learned court below which he will always keep active and will not change it during pendency of the case without prior permission of the court. 6. In the result, the appeal is, hereby, allowed. (Rajesh Kumar, J.) 14th May, 2026 Ravi-Chandan/- Uploaded on 15.05.2026 - 2 - Cr. Appeal (S.J) No.168 of 2026