ASHWINI KUMAR DUBEY ALIAS ASHWINI KUMAR DWIVEDI v. THE STATE OF JHARKHAND
Cr.A(SJ)/708/2024 · 2026-04-06
Rajesh Kumar
Criminal Appealbody2026
DailyLaw.ai
[ 2026 DAILYLAW 4908 (JHR) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 4908 (JHR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
2026:JHHC:9552
IN THE HIGH COURT OF JHARKHAND AT RANCHI Criminal Appeal (S.J.) No.708 of 2024 ---- Ashwini Kumar Dubey @ Ashwini Kumar Dwivedi, aged about 38 years, son of Awadh Bihari Dubey, resident of Ward No.7, Village Rambandh, P.O. Shivpur, P.S. Kandi, District Garhwa (Jharkhand)
…. …. Appellant Versus
1. The State of Jharkhand
2. Sanjay Kumar Ravi, son of Pravesh Ram, resident of Village Jamua, P.O. Semoura, P.S. Kandi, District Garhwa (Jharkhand)
…. …. Respondents ----
CORAM: HON’BLE MR. JUSTICE RAJESH KUMAR ----
For the Appellant
: Mr. Sanjay Kr. Pandey, Adv.
For the State
: Mr. Praful Jojo, A.P.P.
For the Respondent No.2
: Mr. Zaid Ahmad, Adv. ----
13/Dated: 06th April, 2026
1. The present appeal has been filed under Section 14-A(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act,
1989.
2. Heard learned counsel for the appellant and learned counsel for the State and learned counsel for the victim.
3. The appeal has been filed against the impugned order dated 06.09.2024 passed in A.B.P. No.841 of 2024 by the learned Additional Sessions Judge-I, Garhwa in connection with Kandi P.S. Case No.74 of 2023, registered for the offence under Sections 406, 420 and 506 of the Indian Penal Code and under Sections 3(i)(s) & 3(i)(r) of the SC/ST (PoA) Act. The case is presently pending in the court of the learned District and Sessions Judge-I, Garhwa.
4. As per the mandate of law, an application for anticipatory bail is not maintainable under the provisions of the SC/ST (PoA) Act. However,
learned counsel for the appellant has submitted that there is an existing agreement between the parties, and the alleged breach thereof has led to the
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Criminal Appeal (S.J.) No.708 of 2024
present dispute. It is further contended that the allegations under the SC/ST (PoA) Act are nothing but only a coercive measure to recover the amount.
Learned counsel further submits that the appellant undertakes to cooperate and participate in the trial. On these grounds, the prayer for anticipatory bail has been made.
5. On the other hand, learned counsel for the State and the victim has opposed the prayer for anticipatory bail and it has been submitted that the victim has been abused.
6. Considering the above facts, the appellant, above named, is directed to surrender in the trial court 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 District and Sessions Judge-I, Garhwa in connection with Kandi P.S. Case No.74 of 2023 on the conditions as laid down under Section 482 of the B.N.S.S., 2023.
7. It is further directed that the appellant shall submit a self-attested photocopy of his Aadhaar Card and also furnish his mobile number before the learned trial court, which shall be kept active at all times, and he shall not change the same during the pendency of the case without prior permission of the court.
8. In the result, the instant appeal stands allowed and disposed of.
(Rajesh Kumar, J.) Dated: 06th April, 2026 Amar/- Uploaded on 08.04.2026