Rupesh Kumar Bhokta @ Rupesh Ganjhu vs State of Jharkhand

In view of outbreak of COVID-19 Pandemic, case has been taken up through Video Conferencing. Concerned lawyers have no objection with regard to the proceeding, which has been held through Video Conferencing today at 11:30 A.M. onwards. They have no complaint in respect to the audio and video clarity and quality.

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

Heard learned counsel appearing for the petitioner and learned A.P.P appearing for the State.

Learned counsel appearing for the petitioner submits that allegations against the petitioner is that under protection of the Supremo of TPC extremist organization namely Brajesh Ganjhu @ Gopal Singh Bhokta, 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. The police party who were members of the Task Force, raided house of Naresh Ganjhu and from his house several pass-books of different banks in the name of Naresh Ganjhu and 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 house of the 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 had been given to TPC extremist organization. Police raided house of Binay Khalkho which was found locked and also raided 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 names 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 petitioner collects levy at the rate of Rs. 1,000/- per vehicle. It is next submitted that allegations against the petitioner is that he is the member of the said Committee and used to extort money from the transporters, coal traders and D.O. holders putting them in fear in the name of TPC Extremist Organization and large portion of collected money has been given to TPC Extremist Organization which is used in illegal activities. It has further been submitted by learned counsel for the petitioner that 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 the permanent employee of C.C.L. and in this respect, learned counsel for the petitioner draws attention of the Court towards page no. 30 which is copy of the Identity Card of the petitioner. Drawing attention of this Court towards para-15 of the instant anticipatory bail application, learned counsel for the petitioner submits that petitioner has no criminal antecedent. It is lastly submitted that petitioner is ready and willing to co-operate with investigation of the case and to furnish sufficient security including cash security. Hence, it is submitted that the petitioner may be given the privileges of anticipatory bail. There is general and omnibus allegations against the petitioner.

Lastly it has been argued by learned counsel for the petitioner that similarly situated co-accused Dhaneshwar Ganjhu has already been granted anticipatory bail by a Bench of this Court vide order dated 11.02.2020 in A.B.A. No. 8884 of 2019. Petitioner may also be granted privilege 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. However exercising the power under Section 16 of Criminal Law Amendment Act, 1908, the Court has declared TPC as a banned organisation.

Considering submissions of learned counsels and facts and circumstances narrated hereinabove, I am inclined to grant privilege of anticipatory bail to the petitioner. Accordingly, petitioner named above is directed to surrender before the Court of learned Sub-Divisional Judicial Magistrate, Chatra within four weeks from today and in the event of his arrest and/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) only 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 without information during pendency of the case and subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.