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Judgment
The present appeal has been filed under Section 14-A of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.
Heard learned counsel for the appellants, learned counsel for the State and the learned counsel for the respondent No.2/victim.
Although Section 18 of the SC/ST (PoA) Act bars the grant of anticipatory bail, such bar would not apply in case where no prima facie offence under the Act is made out.
The present appeal has been filed against the order dated 15.12.2025 passed by the learned Additional Judicial Commissioner-II, Ranchi, rejecting the prayer for anticipatory bail in A.B.P No.3180 of 2025 in connection with SC/ST P. S Case No.68 of 2025, registered for the offences under Sections 126(2), 329(3), 352, 351(3) & 3(5) of the BNS, 2023 and Sections 3(1)(r) and 3(1)(s) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act. The case is presently pending in the Court of learned Additional Judicial Commissioner-II, Ranchi.
It appears that there is a title suit pending between the parties.
Learned counsel for the State and the learned counsel for the respondent No.2 have opposed the prayer for anticipatory bail.
Since there is a land dispute between the parties and considering the nature of allegation, I am inclined to grant anticipatory bail to the appellants. Accordingly, the appellants, named above, are directed to surrender in the trial court within four weeks from the date of receipt/production of a copy of this order, and in the event of their arrest or surrender, they shall be enlarged on anticipatory bail, on their furnishing bail bond of Rs.10,000/-(Rs. Ten Thousand) each with two sureties of the like amount each, to the satisfaction of learned Additional Judicial Commissioner-II, Ranchi, in connection with SC/ST P. S Case No.68 of 2025, on the conditions as laid down under Section 482 of the B.N.S.S., 2023. Further, the appellant(s) will submit self-attested photocopy of his /her/their Aadhaar Card(s) and also submit his/her/their mobile number(s) before the learned trial court which he/she/they will always keep active and will not change it without prior permission of the court, till conclusion of the trial.
In the result, the present criminal appeal stands allowed and accordingly, disposed of.