Binod Kumar Deepak @ Deepak Kumar vs State Of Jharkhand

Heard the parties through video conferencing. Apprehending his arrest in connection with Piparwar P.S. Case No. 36 of 2019 instituted under Sections 385, 386, 387, 120 (B) of the Indian Penal Code and Sections 17(i) (ii) of the C.L.A. Act and Sections 16, 17, 20, 23 of the U.A.P., Act, the petitioner has moved this Court for grant of privileges of anticipatory bail.

Mr. Alok Anand- learned counsel for the petitioner undertakes to remove the defects pointed out by the stamp reporter within two weeks after the lockdown is over.

In view of personal undertaking given by the learned counsel for the petitioner, the defects pointed out by the stamp reporter are ignored for the present.

Learned counsel appearing for the petitioner submits that earlier the prayer for anticipatory bail of the petitioner was withdrawn but the fresh ground is that the co-accused persons have been granted the privileges of anticipatory bail. Learned counsel for the petitioner submits that under protection of the Supremo of TPC extremist organization namely Barjesh Ganjhu @ Gopal Singh Bhokta and Akaraman Jee @ Ravindra and Bhikhan Ganjhu, the "Displaced Villagers Solitary Management Committee" has been organized and levy has been collected from the coal traders and D.O. holders and others associated with Piparwar Coal Project, Ashoka Project Kanta, Kalyanpur Kanta and Purnadih Coal Project by putting the victims in fear of the TPC Extremist Organization and major part of the levy money has been given to the TPC extremist organization which has been used in criminal activity and works against the law. It is next submitted that the police party who were the members of Task Force raided the house of Naresh Ganjhu and from his house several pass- books of different banks in the name of Naresh Ganjhu, his family members, cheque books, tax receipt of the vehicle in the name of Naresh Ganjhu, several receipts and cash of Rs. 10,180/- were seized. Police also raided the house of Bigan Bhokta who disclosed that the levy has been collected from coal traders and D.O. Holders putting them in fear of TPC extremist organization at the rate of Rs.130/- per ton and a vast levy amount has been given to TPC extremist organization. Police raided the house of Binay Khalkho which was found locked and also raided the house of Dhanraj Bhokta from where, six challans of "Displaced Villagers Solitary Management Committee"(Ashoka and Piparwar Area), 20 pieces of receipts of Coal Fields Loaders Association at Piparwar area and Rs. 3,74,550 cash of different denominations were recovered and seized. Dhanraj Bhokta disclosed that Rs.1,000/- per vehicle is collected by the Committee for loading coal on the vehicles and he also disclosed the name of 55 accused persons including this petitioner and some other employees of the Coal Project Committee, who were involved in such act. It is also alleged that the petitioner collects levy at the rate of Rs 1,000/- per vehicle. It is next submitted that the allegation against the petitioner is that the petitioner being the sales in-charge of Ashoka Coal Project in connivance with the other employees of the TPC extremist organization is involved in collection of illegal extortion from the transporters, coal traders and D.O. holders putting them in fear in the name of the said organization and large portion of collected money has been given to TPC Extremist Organization which is used in illegal activities. It is next submitted by learned counsel for the petitioner that the TPC Extremist Organization is not a terrorist organization in terms of the Schedule A of the Unlawful Activities (Prevention) Act, 1967. It is submitted that the allegation against the petitioner is false and the petitioner is a Senior Manager in CCL (Mining) and posted as such in Ashoka Project, Piparwar. Drawing attention of this Court towards para-12 of the instant anticipatory bail application, learned counsel for the petitioner submits that the petitioner has no criminal antecedent. Drawing attention of this Court towards Annexure-3 page-43 of the brief, learned counsel for the petitioner submits that the petitioner has submitted a representation to the Director General of Police on 25.10.2019 with a request for appropriate enquiry in the matter and to delete his name from the case. It is also submitted that the co-accused, with similar allegations, has already been given the privileges of anticipatory bail by this Court vide order dated 11.02.2020 passed in A.B.A. No.8904 of 2019. It is lastly submitted that the petitioner is ready and willing to co-operate with the investigation of the case and to furnish sufficient security including cash security of Rs.50,000/-. Hence, it is submitted that the petitioner be given the privileges of anticipatory bail.

Learned A.P.P appearing for the State opposes the prayer for anticipatory bail of the petitioner and fairly submits that TPC organization is not a terrorist organization in terms of the provisions of the U.A.P. Act, 1967. It is next submitted that the State Government has declared the TPC as banned organization exercising the power under Section 16 of Criminal Law Amendment Act, 1908.

Considering the submissions of learned counsels and the facts and circumstances stated above, I am inclined to grant privileges of anticipatory bail to the petitioner. Accordingly, the petitioner is directed to surrender in the Court of learned Sub-Divisional Judicial Magistrate, Chatra within eight weeks from today and in the event of his arrest or surrendering, he will be enlarged on bail on depositing Rs.50,000/-(Rupees fifty thousand) as cash security and on furnishing bail bond of Rs.25,000/- (Twenty five thousand) with two sureties of the like amount each to the satisfaction of learned Sub-Divisional Judicial Magistrate, Chatra in connection with Piparwar P.S. Case No. 36 of 2019 with the condition that he will co-operate with the investigation of the case and appear before the investigating officer as and when noticed by him and furnish his mobile number and photocopy of the Aadhar Card with an undertaking that he will not change his mobile number during the pendency of the case and subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.