Ajit Singh vs The State Of Jharkhand & Anr.

The present appeal has been filed under Section 14-A(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 2015.

Heard learned counsel for the appellants, learned counsel for the State and the learned senior counsel for the respondent No.2/victim.

It is well settled that 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 18.04.2026, whereby and whereunder, the prayer for anticipatory bail of the appellant has been rejected by the learned Additional Judicial Commissioner-II cum Special Judge, SC/ST Act, Ranchi in A.B.P No.479 of 2026 in connection with SC/ST P.S. Case No.03 of 2025, registered for the offences under Sections 341, 406, 420, 354, 504 and 506 of the Indian Penal Code 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 cum Special Judge, SC/ ST Act, Ranchi.

It has been submitted by the learned counsel for the appellant that admittedly it is a commercial transaction and protective legislation has been misused for recovery of money. On the above basis, prayer for anticipatory bail has been made.

Learned counsel for the State and the learned senior counsel for the respondent No.2 have opposed the prayer for anticipatory bail and submitted that being a member of weaker section of society, he has been exploited and as such Section 18 of the SC/ST (PoA) Act gets attracted.

From perusal of the arguments of the above facts, it appears that the dispute is with regard to a commercial transaction.

Considering the above facts, I am inclined to grant anticipatory bail to the appellant. Accordingly, the appellant, named above, is 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 his arrest or surrender, he shall be enlarged on anticipatory bail, on their furnishing bail bond of Rs.10,000/- (Rs. Ten Thousand) with two sureties of the like amount each, to the satisfaction of the learned Additional Judicial Commissioner-II cum Special Judge, SC/ ST Act, Ranchi, in connection with SC/ST P.S. Case No.03 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 case.

In the result, the present criminal appeal stands allowed and accordingly, disposed of.