Sachin Kumar Gupta @ Sachin Kumar Vs the State of Jharkhand

2026:JHHC:21000

IN THE HIGH COURT OF JHARKHAND AT RANCHI Criminal Appeal (S.J.) No.765 of 2025

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Sachin Kumar Gupta @ Sachin Kumar, aged about 21 years, Son of Sunil Prasad Gupta, resident of Chati Gadilong, P.O. & P.S.-Tandwa, DistrictChatra, Jharkhand

Sunil Prasad Gupta @ Sunil Gupta, aged about 48 years, Son of Buchan Sao, resident of Chati Gadilong, P.O. & P.S.-Tandwa, resident of Chati Gadilong, P.O. & P.S.-Tandwa, District-Chatra, Jharkhand

Ashish Kumar, son of Deepak Paswan, aged about 23 yrs, resident of Hurhuru, Thana-Bara Bazar, PO+PS Bara Bazar, District-Chatra, Jharkhand .... Respondents

CORAM: HON’BLE MR. JUSTICE RAJESH KUMAR

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For the Appellants	: Mr. Shashikant Jaiswal, Adv.
For the State	: Mr. S.K.Mahto, A.P.P.
For the Resp. No.2	: Mr. Imran Beig, A.C. ....

07/15.07.2026

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The present appeal has been filed under Section 14-A of the Scheduled Castes/Scheduled Tribes (Prevention of Atrocities) Act, 1989.

Heard learned counsel for the appellants and learned APP as well as learned counsel for the respondent No.2.

The present appeal is directed against the order dated 29.07.2025 passed by the learned Addl. Sessions Judge, SC/ST Act-cum-Addl. Sessions Judge-I, Chatra in A.B.P. No.962 of 2025 in connection with Tandwa P.S. Case No.123 of 2025, registered for the offence under Sections 127(2), 115(2), 303(2), 109, 352, 351(2), 351(3), 3(5) of the B.N.S., 2023 and Sections 3(1)(c) & 3(1)(x) of the SC/ST (Prevention of Atrocities) Act, whereby and whereunder the prayer of the appellants for grant of anticipatory bail have been rejected. The case is presently pending before the court of learned Addl. Sessions Judge, SC/ST Act-cum-Addl. Sessions Judge-I, Chatra.

Although Section 18 of the SC/ST (PoA) Act bars the grant of anticipatory bail, such embargo would not apply where no prima facie offence under the provisions of the Act is made out.

It has been submitted by the learned counsel for the appellants that the cause of dispute between the parties is the cyber fraud committed upon the present appellants. Further, scuffle has taken place and the cause of the scuffle is not the caste issue rather cyber fraud has been committed upon the accused.

2026:JHHC:21000

Learned counsel for the State and learned Amicus have opposed the prayer for bail and submitted that the victim has been assaulted and caste name has also been taken in public place.

Having heard learned counsel for the parties and from perusal of the records, it appears that the dispute between the parties are not due to the caste rather it was cyber fraud.

Considering the entire fact and circumstances of the case, I am inclined to enlarge the appellants on anticipatory bail. Accordingly, the appellants, above named, are directed to surrender before the learned Trial Court within a period of four weeks from the date of receipt/production of copy of this order and in the event of their arrest or surrender, they shall be enlarged on bail, on their furnishing bail bonds of Rs.10,000/- ( Rupees Ten Thousand only) each with two sureties of the like amount each to the satisfaction of learned Addl. Sessions Judge, SC/ST Act-cum-Addl. Sessions Judge-I, Chatra in connection with in connection with Tandwa P.S. Case No.123 of 2025 on the conditions as laid down under Section 482 of the B.N.S.S., 2023. Further, the appellants will submit self-attested photo copy of their Aadhaar Card and also submit their mobile number before the learned trial court which they will always keep active and will not change it during pendency of this case without prior permission of the Court.