In this criminal appeal for regular bail filed under the SC/ST Act, the High Court of Jharkhand declined to grant bail at the interim stage. The court allowed renewal of the prayer after the prosecution evidence was produced.
Prayer for bail rejected; liberty to renew prayer after evidence of the prosecutrix.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JHARKHAND AT RANCHI Criminal Appeal (S.J.) No. 75 of 2022
.... Abhishek Kumar Chandravanshi @ Abhishek Kumar .… Appellant Versus 1. The State of Jharkhand 2. Rima Bharti .... Respondents .... CORAM: HON’BLE MR. JUSTICE RAJESH KUMAR For the Appellant : Ms. Leena Mukherjee, Adv. For the State : Mr. S.K.Dubey, APP For the Res. No.2 : Mr. Shailesh Poddar, Adv.
09/21.07.2022 Heard learned counsel for the appellant and learned counsel for the State
as well as learned counsel for the victim.
The present appeal has been filed under Section 14-A of the Scheduled Castes/Scheduled Tribes (Prevention of Atrocities) Act.
The appellant who is in custody since 16.11.2021 has approached this Court for grant of regular bail against the order dated 10.01.2022 passed by the learned Special Judge, SC/ST Act, Palamau at Daltonganj in M.C.A. No.2266 of 2021 arising out of SC/ST P.S. Case No.08 of 2021, for the offence under Sections 341/ 323/ 448/ 504/ 506/ 354/ 376(D) and 34 of IPC r/w Sections 3 (i)(r) and 3(2)(Va) of the SC/ST (PoA) Act by which prayer for bail of the appellant has been rejected.
The appellant is accused of committing rape.
Innocence has been claimed and undertaking has been given that the appellant will participate in the trial as the investigation is already complete. It has been submitted that the allegation has been made against two persons but only this appellant has been charge-sheeted. On above basis, prayer for bail has been made.
On the other hand, learned APP and learned counsel for the victim has opposed the prayer for bail of the appellant.
Considering the materials available on record, I am not inclined to enlarge the appellant on bail at this stage, accordingly, prayer for bail of the appellant is, hereby, rejected.
However, the appellant is at liberty to renew his prayer after the evidence of the prosecutrix.
(Rajesh Kumar, J.)
Shahid/
3 issues framed by the court
Whether the appellant is entitled to regular bail at the interim stage before the prosecution evidence.
Whether the incomplete charge sheet against co-accused warrants bail for this appellant.
Whether the undertaking to participate in trial suffices for bail under the SC/ST Act.
1 provisions across 1 enactments
Abhishek Kumar Chandravanshi
The State of Jharkhand
Rima Bharti
Rajesh Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
