Jitendra Nath Ghoshal vs State of Jharkhand

Heard Mr. Lukesh Kumar, learned counsel for the petitioner and Mr. Ashok Kumar, learned A.P.P. for the State assisted by Mr. Mukesh Kumar, learned counsel appearing for the informant.

The petitioner has prayed for grant of anticipatory bail, as he is apprehending his arrest in connection with Chas P.S. Case No. 364/2019.

While the informant was leveling his land the petitioner had come and demanded Rs. 5,00,000/- as extortion money. On protest the informant was alleged to have been assaulted by the petitioner.

It has been stated by the learned counsel for the petitioner that there is a long standing civil dispute going on between the petitioner and the informant which resulted in the false implication of the petitioner. Learned counsel further submits while referring to the supplementary affidavit that it is an error of record on the part of the learned court below to have mentioned that the petitioner has got 12 criminal antecedents. In fact several cases have been instituted by the petitioner and some cases have been instituted by the informant or his associates whereas one case does not relate to the petitioner. It has also been stated that there has been an inordinate delay in institution of the First Information Report.

Mr. Mukesh Kumar, learned counsel appearing for the informant has opposed the prayer for anticipatory bail of the petitioner and has stated that on account of the assault committed by the petitioner the informant had suffered injuries. It has further been stated that the informant is an advocate who practices in Bokaro Civil Court and the allegations prima facie are made out against the petitioner and therefore in such circumstances the petitioner does not deserve the privilege of anticipatory bail.

It appears from the entire gamut of allegations as well as from the averments made in the supplementary affidavit that there is a long standing civil dispute between the parties. It appears that several cases have been filed by the petitioner and against the petitioner which further indicate the long standing enmity between the petitioner and the informant. There are a plethora of criminal cases as well as civil cases which have been instituted against each other and such background facts cannot rule out the possibility of the false implication of the petitioner.

In such view of the matter, therefore, I am inclined to extend the privilege of anticipatory bail to the petitioner. The petitioner, named above, is directed to surrender in the court below within a period of four weeks and on such surrender, he shall be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand only) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Bokaro in connection with Chas P.S. Case No. 364/2019, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

This application stands allowed.