Jharkhand High Court
Ratan Kumar vs The State Of Jharkhand on 20 June, 2025
Author: Gautam Kumar Choudhary
Bench: Gautam Kumar Choudhary
2025:JHHC:16372
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Cr. Appeal (S.J.) No. 620 of 2024
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Ratan Kumar, S/o Janardan Singh, R/o Parvat Bihar Colony, Edalhatu, P.O.-
Ranchi University, P.S.-Bariyatu, Dist.-Ranchi
… …. Appellant
Versus
1. The State of Jharkhand
2. Bahadur Das, S/o Lakhan Das, R/o Village-Shivaji Path, Siyaram Nagar,
Edalhatu, P.O. & P.S.-Bariyatu, Dist.-Ranchi
… …. Respondents
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CORAM: HON’BLE MR. JUSTICE GAUTAM KUMAR CHOUDHARY
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For the Appellant : Mr. Pran Pranay, Advocate
Mr. Amit Kr. Sinha, Advocate
For the State : Mr. Vishwanath Roy, Spl. PP
For the Respondent No.2 : M/s Afaque Rashidi & Aulia Begum, Advocates
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Oral Order
07 / Dated : 20.06.2025
Instant criminal appeal has been filed under Section 14A(2) of the
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act,
1989 against the order dated 20.07.2024 passed in Misc. Cr. Application
No. 2206 of 2024 by the court of learned Additional Judicial
Commissioner-II-cum-Special Judge, SC/ST Act, Ranchi in SC/ST Case
No. 99 of 2023 (Ranchi Sadar SC/ST P.S. Case No. 09 of 2023) under
Section 406, 420, 504, 506 and 120B of Indian Penal Code and Section
3(1)(s)(r) of the Scheduled Castes and Scheduled Tribes (Prevention of
Atrocities) Act, 1989.
Earlier Cr. Appeal (S.J.) No. 841 of 2023 was preferred by this
appellant which was dismissed by this Court vide order dated 30.04.2024,
and the instant appeal is preferred against the order of rejection of the bail
application dated 20.07.2024 on the ground that the appellant is languishing
in jail custody since 02.09.2023 and till date, not a single witness has been
examined.
It is further submitted by learned counsel for the appellant that he
has already returned Rs.7,00,000/- and the photo copy of the cash receipt
and bank receipt has been filed along with the memo of appeal. It is also
submitted that the Hon’ble Supreme Court has repeatedly observed that the
2025:JHHC:16372
Court cannot assume the role of a recovery agent for a party.
Learned Spl. P.P., assisted by the counsel on behalf of respondent
No.2, has opposed the prayer for bail. A counter affidavit has been filed on
behalf of respondent no. 2 stating therein that he has not received any
amount which was defrauded from him.
It is contended by the learned counsel for the appellant that the
statement made in para-7 of the counter affidavit that no amount has been
received is a false statement given on oath.
Considering the submissions of learned counsel and the fact as
discussed above, the appellant, above named, is directed to be enlarged on
bail, during the pendency of the appeal, on furnishing bail bond of
Rs.25,000 (Twenty Five Thousand) with two sureties of the like amount
each to the satisfaction of court below in connection with SC/ST Case No.
99 of 2023 (Ranchi Sadar SC/ST P.S. Case No. 09 of 2023).
Criminal appeal is allowed. I.A., if any, stands disposed of.
(Gautam Kumar Choudhary, J.)
AKT/Satendra
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