Dismissed

Shibu Sao Alias Ritesh Kumar v. the State of Jharkhand

Jharkhand HC16 Jul 2021Cr.A(SJ)/63/2021

Case brief

AI extract

What is this about?

In a criminal appeal against the rejection of anticipatory bail under the SC/ST (Prevention of Atrocities) Act, the High Court dismissed the plea, holding that the offence is non-compoundable and bail cannot be granted despite alleged false implications and compromise.

What did the court decide?

Appeal dismissed; prayer for anticipatory bail rejected; appellant not enlarged on bail.

Shibu Sao Alias Ritesh Kumar Vs the State… — Pension and Retirement Benefits | Jharkhand HC (2021)

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IN THE HIGH COURT OF JHARKHAND AT RANCHI Criminal Appeal (S.J.) No. 63 of 2021

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.... Shibu Sao @ Ritesh Kumar .… Appellant Versus 1. The State of Jharkhand 2. Manju Devi .... Respondents

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.... CORAM: HON’BLE MR. JUSTICE RAJESH KUMAR For the Appellant : Mrs. Rashmi Kumar, Adv. For the State : Mrs.Snehlika Bhagat, A.P.P.

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The matter was taken up through Video Conferencing. Learned counsel for the parties had no objection with it and submitted that the audio and video qualities are good.

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02/16.07.2021 Heard learned counsel for the appellant and learned counsel for the State.

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The present application has been filed under Section 14(A) of the Schedule Castes/Schedule Tribes (Prevention of Atrocities) Act.

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This criminal appeal has been filed against the order dated 21.01.2021 passed by the learned Additional Sessions Judge-I, Koderma in A.B.P. No.567 of 2020 arising out of Koderma SC/ST P.S. Case No.13 of 2019 for the offence under Section 376 of the Indian Penal Code and under Section 3(XII) of the SC/ST (Prevention of Atrocities) Act and Section 67(A) of the I.T. Act by which prayer for anticipatory bail of the appellant has been rejected.

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Preliminary objection has been raised by the State counsel that the anticipatory bail is not maintainable in view of bar of Section 18 of the SC/ST (Prevention of Atrocities) Act.

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It has been submitted by learned counsel for the appellant that the alleged date of incident is 03.06.2019, while the F.I.R. has been lodged on 26.08.2019. It has been further submitted that the victim has taken loan of Rs.1,00,000/- (One Lakh) and this fact is clear from the annexure-2. It has been further submitted that there is compromise between the parties and the victim does not want to proceed further with the case and the compromise petition has been annexed as annexure-3. It has been further submitted that there is false allegation and the age of the victim also suggests that the allegation is false. On above facts, it has been further submitted that since the entire allegation is false and fabricated, as such, no offence under any Act is made out and the appellant is entitled the privilege of anticipatory bail as stipulated under Section 438 of the Cr.P.C.

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Having heard the learned counsel for the parties and considering the material available on record, it has been alleged that a member of scheduled caste has been sexually exploited by this appellant. It further appears that compromise has been entered between the parties although the offence in question is not compoundable.

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Considering the entire material available on record, this Court finds that the offence under SC/ST (Prevention of Atrocities) Act is made out, and as such, I am not inclined to enlarge the appellant on bail. Accordingly, the present appeal is, hereby, dismissed.

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(Rajesh Kumar, J.)

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Shahid/

Shibu Sao Alias Ritesh Kumar v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

Shibu Sao Alias Ritesh Kumar v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

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