2026:JHHC:21627 IN THE HIGH COURT OF JHARKHAND AT RANCHI Criminal Appeal (S.J) No.264 of 2026 ---- 1. Umesh Ram @ Umesh Chandravanshi aged 50 years 2. Amardev Ram @ Amar Dev Chandravansh @ Amardev Chandravanshi, aged 42 years, Both are Son of Late Baban Ram, Both are resident of Village Majhian, P.O. + P.S. Majhiaon & District Garhwa …. …. Appellant(s) -Versus- 1. The State of Jharkhand 2. Sarita Kumar, wife of Sunil Paswan, Resident of Village Majhigawa, P.O Harigawa, P.S. Majhiaon & District Garhwa …. …. Respondent(s) ---- CORAM: HON’BLE MR. JUSTICE RAJESH KUMAR ---- For the Appellants : Mr. Apurv Krishna, Adv. For the State : Mr. Pankaj Kumar, A.P.P For the Victim : Mrs. Sunita Kumari, Amicus Curiae. ---- 04/Dated: 22nd July, 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 appellants, learned counsel for the State and the learned amicus for the respondent No.2/victim. 3. 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 21.01.2026 passed by the learned Additional Sessions Judge-I-cum-Special Judge, SC/ST Act, Garhwa, in A.B.P. No.53 of 2026 in connection with Majhion P.S. Case No.126 of 2020, registered for the offence under Sections 452, 323, 341, 354, 506 & 34 of the IPC and Sections 3/4 of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, whereby the prayer for grant of anticipatory bail of the appellants have been rejected. The case is presently pending in the Court of learned Additional Sessions Judge-I-cum-Special Judge, SC/ST Act, Garhwa. 5. It has been submitted by the learned counsel for the appellants that although there are allegations of assault and abusement, but there is no specific 2026:JHHC:21627 2. Criminal Appeal (S.J) No.264 of 2026 allegation regarding abusement and that too is in a close premises and as such, it is not in a public view. Further, no injury report has been brought on record. The specific allegation of holding the hand is against the co-accused namely, Akhilesh Chandravanshi. On the above basis, prayer for anticipatory bail has been made. 6. Learned counsel for the State and learned amicus for the respondent No.2 have opposed the prayer for anticipatory bail and have submitted that the offence under SC/ST Act is made out. 7. Having heard the learned counsel for the parties and from perusal of the records, it appears that the alleged occurrence took place within closed premises, which is not in a public view. There is specific allegation of holding the hand of the informant is against the other co-accused. 8. Accordingly, I am inclined to grant anticipatory bail to the appellants. Accordingly, the appellants, named above, are 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 their arrest or surrender, they shall be enlarged on anticipatory bail, on their furnishing bail bond of Rs.10,000/- (Rs. Ten Thousand) each with two sureties of the like amount each, to the satisfaction of learned Additional Sessions Judge-I-cum-Special Judge, SC/ST Act, Garhwa in connection with Majhion P.S. Case No.126 of 2020, 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. 9. In the result, the present criminal appeal stands allowed and accordingly, disposed of. 10. The assistance given by Mrs. Sunita Kumari, learned Amicus Curiae, is highly appreciable. 11. Let this order be communicated to the learned Member Secretary, JHALSA, Ranchi, for the purpose of remuneration to be paid to the learned Amicus Curiae as permissible. (Rajesh Kumar, J.) Dated: 22nd July, 2026 Raja/- Uploaded on 23.07.2026