2026:JHHC:17779 IN THE HIGH COURT OF JHARKHAND AT RANCHI Criminal Appeal (S.J) No.505 of 2025 ---- Sanjay Kumar Gupta @ Sanjay Sahu, aged about 52 years, Son of Ram Lakhan Sahu, Resident of Village Ghaghra, P.O. & P.S. Ghaghra, District Gumla …. …. Appellant(s) -Versus- 1. The State of Jharkhand 2. Bandhan Oraon, aged about 22 years, S/o Late Somra Oraon, Resident of Village Baswa Patraotoli, P.O. Baswa, P.S. Gumla, District Gumla …. …. Respondent(s) ---- CORAM: HON’BLE MR. JUSTICE RAJESH KUMAR ---- For the Appellant : Mr. Abhay Kr. Chaturvedy, Adv. For the State : Mr. S.K. Verma, A.P.P ---- 03/Dated: 18th June, 2026 1. The present appeal has been filed under Section 14-A of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act. 2. Heard learned counsel for the appellant and learned counsel for the State. 3. It is well settled that although Section 18 of the SC/ST (PoA) Act bars the grant of anticipatory bail, such bar would not apply in case where no prima facie offence under the Act is made out. 4. The present appeal has been filed against the order dated 03.03.2025 passed by the learned Additional Sessions Judge-I-cum-Special Judge, Gumla in A.B.P No.80 of 2025 in connection with Ghaghra P.S. Case No.82 of 2024, for the offences under Sections 189(2), 190, 191(1), 115(2), 109, 324(4), 326(f), 308(2) & 352 of the B.N.S, 2023 and Sections 3(1)(s) & 3(1)(r) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act. The case is presently pending in the Court of learned Additional Sessions Judge-I- cum-Special Judge, Gumla. 5. It has been submitted by the learned counsel for the appellant that three FIRs have been lodged in respect of the same incident. It has further been submitted that the present F.I.R. has been registered due to dispute regarding the demand of Chanda. It has further been submitted that the provision of the SC/ST (PoA) Act can only be invoked in the event when a non-member has committed crime against a member of the SC/ST Community. In the present case, the alleged crime has been committed by a group. In that case, group has 2026:JHHC:17779 2. Criminal Appeal (S.J) No.505 of 2025 to be consisting of a non-member. As per the police investigation, it is not non- member group rather some of the individuals are the members of SC/ST. Thus, formation of the alleged group, who have committed the crime, is not on the basis of caste and as such, the provisions of SC/ST (POA) Act is not applicable. On that basis, prayer for anticipatory bail has been made. 6. On the other hand, learned counsel for the State has opposed the prayer for anticipatory bail. 7. Considering the fact that a group who has committed crime is a mixed group and it is nothing but a dispute regarding the demand of chanda and as such, I am inclined to grant anticipatory bail to the appellant. Accordingly, the appellant, named above, is directed to surrender in the trial court within four weeks from the date of receipt/production of a copy of this order, and in the event of his arrest or surrender, he shall be enlarged on anticipatory bail, on his furnishing bail bond of Rs.10,000/- (Rs. Ten Thousand) with two sureties of the like amount each, to the satisfaction of learned Additional Sessions Judge-I- cum-Special Judge, Gumla in connection with Ghaghra P.S. Case No.82 of 2024, on the conditions as laid down under Section 482 of the B.N.S.S., 2023. Further, the appellant(s) will submit self-attested photocopy of his /her/their Aadhaar Card(s) and also submit his/her/their mobile number(s) before the learned trial court which he/she/they will always keep active and will not change it without prior permission of the court, till conclusion of the case. 8. In the result, the present criminal appeal stands allowed and accordingly, disposed of. (Rajesh Kumar, J.) Dated: 18th June, 2026 Raja/- Uploaded on 19.06.2026