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2026 DAILYLAW 22708 (JHR)

MUSTAKIM ANSARI v. STATE OF JHARKHAND

Cr.A(SJ)/549/2025 · 2026-08-18

Rajesh Kumar

body2026

Judgment text

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2026:JHHC:24824 1 Cr. Appeal (S.J.) No. 549 of 2025 with Cr. Appeal (S.J.) No. 714 of 2025 IN THE HIGH COURT OF JHARKHAND AT RANCHI Cr. Appeal (S.J.) No. 549 of 2025 ------ Mustakim Ansari, age 63 years old, S/o Late Kifaytulla Momin, R/o Village Borio Bazar, P.O. & P.S. Borio, District-Sahibganj .... .... …. Appellant Versus The State of Jharkhand .... .... .... Respondent With Cr. Appeal (S.J.) No. 714 of 2025 ------ Dildar Ansari, age 28 years old, S/o Mustakim Ansari, R/o Village Borio Bazar, P.O. & P.S. Borio, District-Sahibganj .... .... …. Appellant Versus 1. The State of Jharkhand 2. Sushma Kumari, R/o Borio, P.O. & P.S. Borio, Dist.-Sahibganj, presently posted as A.S.I. Borio Thana, Sahibganj 3. Surja Pahadiya, S/o Late Maisa Pahadiya, R/o Village-Goda Pahad, P.O. & P.S.-Borio, Dist.-Sahibganj .... .... .... Respondents CORAM: HON'BLE MR. JUSTICE RAJESH KUMAR For the Appellants : Mr. Sabyasanchi, Advocate For the State : Mr. Fahad Allam, APP For the Victim : Ms. Omiya Anusha, Amicus Curiae [In Cr. A.(SJ) No. 714 of 2025] ------ Order No.08 / Dated : 18.08.2026. 1. Both the appeals have 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 Curiae for the victim(s). 3. These appeals have been filed against the orders dated 16.01.2025 and 28.02.2025 passed by the learned Special Judge(SC/ST Court), Sahibganj in connection with Borio P.S. Case No.320 of 2022 arising out of SC/ST Case No. 11 of 2023, for the offences under Sections 302, 201, 120B, 34 of the IPC and Section 3(2)(V) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, whereby the prayer for grant of bail of the appellants has been rejected. The case is presently pending in the Court of learned Additional Special Judge Judge (SC/ST Court), Sahibganj. 4. It has been submitted by the learned counsel for the appellants that 2026:JHHC:24824 2 Cr. Appeal (S.J.) No. 549 of 2025 with Cr. Appeal (S.J.) No. 714 of 2025 the prayer for bail has been rejected twice by the Co-ordinate Bench of this Court on merit and once by the Hon’ble Apex Court. This is fourth attempt. The only reason for bail is the period of custody i.e. since 19.12.2022. 5. On the other hand, learned counsel for the State and the learned Amicus Curiae for the victim(s) have opposed the prayer for grant of bail. 6. In compliance of order dated 06.07.2026, learned trial Court has submitted the status report and from perusal of the same, it appears that out of thirty-nine charge-sheeted witnesses, twenty witnesses have already been examined. 7. Considering the stage of trial, I am not inclined to grant bail to the appellants. Accordingly, both the criminal appeals are, hereby, dismissed. 8. However, if trial is not concluded within nine months from the date of receipt/production of copy of this order then the appellants will be at liberty to renew their prayer for bail. 9. The assistance given by Ms. Omiya Anusha, learned Amicus Curiae is highly appreciable. 10. Let this order be communicated to learned Member Secretary, JHALSA, Ranchi for the purpose of remuneration to be paid to the learned Amicus Curiae as permissible. (Rajesh Kumar, J.) 18.08.2026 Pawan/ Uploaded on 19.08.2026