Allowed¶26

Baban Dubey v. the State of Jharkhand

Jharkhand HC11 Nov 2024Cr.A(SJ)/203/2024

Case brief

AI extract

What is this about?

Anticipatory bail - Jharkhand High Court - Cr. Appeal (SJ) No. 203 of 2024 - Kandi P.S. Case No. 160 of 2021 - IPC sections 323, 447, 354, 307/34 - SC/ST (Prevention of Atrocities) Act, 1989 sections 3(1)(r), 3(1)(s) - case and counter case - molestation not found in para 30 of case diary - general and omnibus allegations - cross case Kandi P.S. Case No. 159 of 2021 - bail bonds Rs. 25,000/- each with two sureties - impugned order dated 23.02.2024 in A.B.P. No. 78 of 2024 set aside - Sanjay Kumar Dwivedi, J.

What did the court decide?

Appeal allowed and disposed of; impugned order dated 23.02.2024 set aside; appellants to surrender within three weeks and on surrender/arrest to be released on anticipatory bail on bail bonds of Rs. 25,000/- each with two like sureties, subject to conditions regarding prosecution witnesses and trial attendance.

Baban Dubey Vs the State of Jharkhand — Jharkhand HC (2024) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether anticipatory bail should be granted to the appellants in connection with Kandi P.S. Case No. 160 of 2021, in the appeal against the order dated 23.02.2024 in A.B.P. No. 78 of 2024.

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Court's answer

Anticipatory bail granted to the appellants having regard to the case and counter case between the parties, non-finding of molestation in para 30 of the case diary, and general and omnibus allegations against the appellants.

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Ratio / Principle

Appellants directed to surrender before the learned Court within three weeks; on surrender/arrest they shall be released on bail on furnishing bail bonds of Rs. 25,000/- each with two sureties of the like amount each, subject to conditions of not inducing/threatening prosecution witnesses and appearance before the trial court on every date till disposal of the trial.

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Key takeaways

Appeal allowed and disposed of; impugned order dated 23.02.2024 in A.B.P. No. 78 of 2024 arising out of Kandi P.S. Case No. 160 of 2021 set aside.ratio¶26

Detailed headnote1 paragraphs

Jharkhand High Court (Dwivedi, J.), Cr. Appeal (SJ) No. 203 of 2024, decided 04/11.11.2024: Appeal allowed and disposed of; order dated 23.02.2024 of the learned Spl. Judge, SC/ST-cum-Addl. District & Sessions Judge-1, Garhwa in A.B.P. No. 78 of 2024, arising out of Kandi P.S. Case No. 160 of 2021 (under sections 323, 447, 354, 307/34 IPC and section 3(1)(r), 3(1)(s) SC/ST (Prevention of Atrocities) Act, 1989), set aside. Anticipatory bail granted to the four appellants, who were directed to surrender within three weeks and, on surrender/arrest, to be released on bail bonds of Rs. 25,000/- each with two sureties of the like amount, subject to conditions of not influencing/threatening prosecution witnesses and appearing on every trial date. Grounds: existence of case and counter case between the parties, police not having found the molestation allegation (para 30 of case diary), and general and omnibus allegations against the appellants.

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IN THE HIGH COURT OF JHARKHAND AT RANCHI

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Cr. Appeal (SJ) No. 203 of 2024

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Baban Dubey aged 70 years, son of late Surya Dev Dubey

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Himanshu Dubey @ Sonal Dubey @ Himanshu Kumar Dubey Aged 37 years, son of Baban Dubey

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Om Dubey @ Om Kumar Dubey @ Sazal Dubey aged 27 years, son of Baban Dubey

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Niwas Dubey @ Dablu Dubey Aged 32 years, son of Bijendra Dubey

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All are resident of village-Baliyari, P.O. Semoura, P.S. Kandi & District-Garhwa

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….. Appellants

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Versus

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1.The State of Jharkhand

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Rubi Kumari, daughter of Guddu Ram, resident of village Lamari Khurd, P.O. Lamari Kala, P.S. Kandi and District-Garhwa

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…... Respondents

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CORAM: HON'BLE MR. JUSTICE SANJAY KUMAR DWIVEDI

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---

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For the Appellant(s) :- Mr. Gopal K. Sinha, Advocate. For the State :- Mr. Manoj Kr. Mishra, A.P.P.

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For the Resp. No.2 : Mr. Manoj Kr. No.2, Advocate

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04/11.11.2024 Heard learned counsel for the appellants, learned counsel for the State and learned counsel for the respondent no.2.

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The present appeal has been preferred against the order dated 23.02.2024 passed by learned Spl. Judge, SC/ST-cum-Addl. District & Sessions Judge-1, Garhwa in A.B.P. No. 78 of 2024 arising out of Kandi P.S. Case No. 160 of 2021 registered under sections 323, 447, 354, 307/34 of I.P.C. and under section 3 (1) (r), 3 (1) (s) of SC/ST (Prevention of Atrocities) Act, 1989 pending in the Court of learned District & Sessions Judge-1st, Garhwa.

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Learned counsel for the appellants submits that false allegations are made with regard to molestation and to buttress this argument he refers to para 30 of the case diary. He further submits that case of molestation has not been found in course of investigation by the police. He further submits that appellant no.1 has filed case earlier being Kandi P.S. Case No. 159 of 2021 against the family members of the respondent no.2 and on the same day the present case has been filed maliciously even under the SC/ST (Prevention of Atrocities) Act.

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Learned counsel for the State submits that there is case and counter case between the parties. He submits that so far molestation is concerned, that was not found in para 30 of the case diary and the case diary is with him however allegations are there.

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Learned counsel for the respondent no.2 vehemently opposes the prayer of anticipatory bail and submits that there is allegation of taking caste name against the appellants.

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Considering that there is case and counter case between the parties, police has not found the case of molestation which has come in para 30 of the case diary and there is general and omnibus allegation against the appellants, I am inclined to grant anticipatory bail to the appellants.

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Accordingly, the above named appellants are directed to surrender before the learned Court within three weeks from today and in the event of their surrender / arrest, the appellants shall be released on bail, on furnishing bail bonds of Rs. 25,000/- (twenty five thousand)each with two sureties of the like amount each, to the satisfaction of the learned Spl. Judge, SC/ST-cum-Addl. District & Sessions Judge-1, Garhwa in connection with Kandi P.S. Case No. 160 of 2021), subject to conditions that the appellants shall not, directly or indirectly, make any inducement, threat undue influence to the prosecution witnesses and the appellants shall appear before the trial court on each and every date given to them by the said Court till disposal of the trial.

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This appeal is allowed and disposed of and the impugned order dated 23.02.2024 passed by learned Spl. Judge, SC/ST-cum-Addl. District & Sessions Judge-1, Garhwa in A.B.P. No. 78 of 2024 arising out of Kandi P.S. Case No. 160 of 2021, is hereby set aside.

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( Sanjay Kumar Dwivedi, J)

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Satyarthi

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Baban Dubey v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

Baban Dubey v. the State of Jharkhand

Case brief

What is this about?

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What the court decided

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