Pradeep Vishwkarma Alias Pradeep Mistri Vs the State of Jharkhand

The present appeal has been preferred against the order dated 20.04.2024 passed in A.B.P. No. 288 of 2024 by the learned Special Judge SC/ST-cum-Additional Sessions Judge-I, Garhwa connection with Meral P.S. Case No. 58 of 2024 registered under sections 147, 148, 149, 323, 325, 307, 341 of I.P.C. and section 3 (1) (r), 3 (1) (s) of SC/ST Act, whereby the prayer for grant of anticipatory bail, has been rejected pending in the court of learned District and Sessions Judge-I, Garhwa.

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Learned counsel for the appellants submits that falsely the case has been lodged that too under the SC/ST (Prevention of Atrocities) Act. He further submits that the alleged occurrence is dated 10.03.2024 and the F.I.R. has been lodged on 17.03.2024. He further submits that on the same day the appellant no.2 has lodged Meral P.S. Case No. 59 of 2024 against the informant and others. He submits that the altercation took place as the informant was encroaching the land of the appellants

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and on objection quarrel has taken place in which both sides have received injury.

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Learned counsels for the State opposes the prayer on the ground that anticipatory bail is not maintainable.

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Learned counsel for the respondent no.2 submits that there is direct allegation against the appellants in view of that privilege of anticipatory bail may not be provided.

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There is case and counter case between the parties. It is submitted that the land of appellants were being encroached due to road construction. The alleged occurrence is dated 10.03.2024 and the F.I.R. has been lodged on 17.03.2024. In this context I.P.C. sections can be maintained. Prima facie it appears that SC/ST (Prevention of Atrocities) Act has been inserted however ingredients of those Act are not made out. If prima facie case is not made out under the Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act, anticipatory bail can be maintained as has been held by the Hon’ble Supreme Court in the case of

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“ Shajan Skaria V. State of Kerala” 2024 SCC Online SC 2249 .

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In view of above, 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 District and Sessions Judge-I, Garhwa, in connection with Meral P.S. Case No. 58 of 2024, 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 20.04.2024 passed in A.B.P. No. 288 of 2024 in connection with Meral P.S. Case No. 58 of 2024, is hereby set aside.

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( Sanjay Kumar Dwivedi, J)

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Satyarthi

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Pradeep Vishwkarma Alias Pradeep Mistri v. the State of Jharkhand

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Pradeep Vishwkarma Alias Pradeep Mistri v. the State of Jharkhand

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