Mukesh Sah Vs State of Jharkhand — Jharkhand HC (2026) — LawSathi Research

Mukesh Sah Vs State of Jharkhand — Jharkhand HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Release of the appellant on bail upon furnishing a bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of like amount each to the satisfaction of the learned Special Judge (SC/ST Court), Sahibganj, subject to submission of a self-attested photocopy of his Aadhaar Card and submission of a mobile number to be kept active and not changed during pendency of the case without prior permission of the court.

Issue for consideration

Whether the appellant, in custody since 07.02.2025 with the charge framed on 02.05.2025 and not a single witness examined till date, should be released on bail. +1 more

Court's answer

Bail was granted on the consideration that both the parties are major and that, although the charge had been framed on 02.05.2025, not a single witness had been examined.

Ratio / Principle

The appellant was directed to be released on bail on furnishing a bail bond of Rs.10,000/- with two sureties of like amount each to the satisfaction of the learned Special Judge (SC/ST Court), Sahibganj, subject to submitting a self-attested photocopy of his Aadhaar Card and providing a mobile number which he will keep active and not change during pendency of the case without prior permission of the court.

Key takeaways

In the result, the instant appeal stands allowed and disposed of.ratio¶19
Administrative direction: the assistance of amicus curiae Mr. Pawan Kr. Singh was appreciated, and the order is to be communicated to the learned Member Secretary, JHALSA, Ranchi, for payment of permissible remuneration to the amicus curiae.obiter¶20

Detailed headnote1 paragraphs

Mukesh Sah v. The State of Jharkhand, Criminal Appeal (S.J.) No.885 of 2025, High Court of Jharkhand at Ranchi (Rajesh Kumar, J.), decided 10-06-2026 — Appeal under Section 14-A of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act filed against the order dated 07.03.2025 in M.C.A. No.126 of 2025 of the learned Special Judge (SC/ST Court), Sahibganj, connected with Sahibganj SC/ST Case No.09 of 2022, registered for offences under Sections 376, 420, 493 & 34 of the Indian Penal Code and under Section 3/4 of the SC/ST (PoA) Act. Considering that both the parties are major and that, though the charge was framed on 02.05.2025, not a single witness had been examined, the Court directed release of the appellant — in custody since 07.02.2025 — on bail upon furnishing a bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of like amount each, subject to submission of a self-attested photocopy of his Aadhaar Card and maintenance of an active mobile number not to be changed during pendency without prior permission of the court. Appeal allowed and disposed of; assistance of amicus curiae Mr. Pawan Kr. Singh appreciated, with remuneration to be paid through JHALSA, Ranchi.

2026:JHHC:16755

IN THE HIGH COURT OF JHARKHAND AT RANCHI Criminal Appeal (S.J.) No.885 of 2025

Mukesh Sah age 28 years old son of Mukul Sah @ Mukund Sah, Resident of Borbandh, P.O.+P.S.-Barhait, District – Sahibganj.

…. …. Appellant

Versus

1. The State of Jharkhand 2. XXXX …. …. Respondents

CORAM: HON’BLE MR. JUSTICE RAJESH KUMAR

---For the Appellant : Mr. Sabyasanchi, Adv. For the State : Mr. Bishambhar Shastri, A.P.P. Mr. Pawan Kr. Singh, Amicus Curiae ----

09/Dated: 10^th June, 2026

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

2. Heard learned counsel for the appellant and learned counsel for the State and learned counsel for the victim.

3. The appeal has been filed against the impugned order dated 07.03.2025 in M.C.A. No.126 of 2025 passed by the learned Special Judge (SC/ST Court), Sahibganj in connection with Sahibganj SC/ST Case No.09 of 2022, registered for the offence under Sections 376, 420, 493 & 34 of the Indian Penal Code and under Section 3/4 of the SC/ST (PoA) Act. The case is presently pending in the court of the learned Special Judge SC/ST, Sahibganj.

4. It has been submitted by the learned counsel for the appellant that the appellant is in custody since 07.02.2025 and the charge has been framed on 02.05.2025 but till date not a single witness has been examined which suggests that he has been kept behind the Bar without any trial. It is a case of establishing physical relationship with the victim on the false pretext of marriage. Both the parties are major rather the victim is more mature than the appellant, and it is nothing but a pressure tactic. Further, the appellant undertakes to participate in the trial. On the above basis, the prayer for bail has been made.

2026:JHHC:16755

5. On the other hand, learned counsel for the State and the learned Amicus Curiae have opposed the prayer for bail and it has been submitted that there is specific allegation of sexual exploitation on the false pretext of marriage.

6. Considering the fact that both the parties are major and the charge had been framed on 02.05.2025 but not a single witness has been examined, the appellant named above, is directed to be released on bail, on his furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of like amount each to the satisfaction of the learned Special Judge (SC/ST Court), Sahibganj in connection with Sahibganj SC/ST Case No.09 of 2022, subject to the condition that the appellant will submit self-attested photocopy of his Aadhaar Card and also submit his mobile number before the learned court below which he will always keep active and will not change it during pendency of this case without prior permission of the court.

7. In the result, the instant appeal stands allowed and disposed of. 8. The assistance given by Mr. Pawan Kr. Singh, learned amicus curiae, is highly appreciable.

9. Let this order be communicated to the learned Member Secretary, JHALSA, Ranchi, for the purpose of remuneration to be paid to the learned Amicus Curiae as permissible.

(Rajesh Kumar, J.)

Dated: 10^th June, 2026 Amar/Uploaded on 12.06.2026

Page | 2

Criminal Appeal (S.J.) No.885 of 2025