High CourtsSingle Bench(2019) 12 JH CK 0093

Sapan Goswami @ Sapan Kumar Goswami vs State Of Jharkhand

Jharkhand High Court · Decided on 6 December 2019

HON’BLE JUDGES
Anubha Rawat Choudhary, J
CASE NUMBER
Anticipatory Bail No. 8485 Of 2019

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Judgment

28 paragraphs · 583 words

Apprehending his arrest, the petitioner has moved this Court for grant of privilege of anticipatory bail in connection with Bokaro Steel City P.S. Case

No.218 of 2019 registered under sections 385/387/34 of the Indian Penal Code.

Heard the learned counsel for the petitioner and learned Addl. P.P. for the State.

The Learned counsel for the petitioner submits that the allegation against the petitioner is that the petitioner who claimed to be the president of

Jharkhand Yuva Morcha came with 5-6 unknown persons and demanded extortion of Rs.15,000/- from Ashadeep Hospital, Rs.21,000/- from Krishna

Nursing Home, Rs.15,000/- from Khushi Nursing Home & Rs.15,000/- from Narayani Hospital and threatened that unless the said amount is given, he

will not allow the Hospitals/Nursing Homes to operate. It is further submitted that the allegation against the petitioner are false and the petitioner has

no criminal antecedent as has been mentioned in paragraph no.13 of the anticipatory bail application. It is next submitted that the petitioner is ready

and willing to pay Rs.15,000/- to Ashadeep Hospital, Rs.21,000/- to Krishna Nursing Home, Rs.15,000/- to Khushi Nursing Home & Rs.15,000/- to

Narayani Hospital as ad interim victim compensation without prejudice to his defence in this case and undertakes to cooperate with the investigation of

the case and also undertakes that he will not annoy or disturb the functioning of the aforesaid Hospitals/Nursing Homes in any manner nor will he

annoy or disturb anybody associated with the aforesaid Hospitals/Nursing Homes during the pendency of the case. Hence, it is submitted that the

petitioner be given the privilege of anticipatory bail.

Learned Addl. P.P. opposes the prayer for grant of anticipatory bail.

Considering the submissions of the counsels and the fact as discussed above, I am of the opinion that it is a fit case where the above named petitioner

be given the privilege of anticipatory bail. Hence, in the event of his arrest or surrender within a period of four weeks from the date of this order, he

shall be released on bail on depositing demand drafts of Rs.15,000/- drawn in favour of Ashadeep Hospital, Rs.21,000/- drawn in favour of Krishna

Nursing Home, Rs.15,000/- drawn in favour of Khushi Nursing Home & Rs.15,000/- drawn in favour of Narayani Hospital as ad interim victim

compensation and on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction

of learned C.J.M., Bokaro, in connection with Bokaro Steel City P.S. Case No.218 of 2019 with the condition that the petitioner will cooperate with

the investigation of the case and appear before the Investigating Officer as and when noticed by him and will furnish his mobile number and a copy of

his Aadhar Card in the court below with the undertaking that he will not change his mobile number during the pendency of the case with further

condition that that he will not annoy or disturb the functioning of the aforesaid Hospitals/Nursing Homes in any manner nor will he annoy or disturb

anybody associated with the aforesaid Hospitals/Nursing Homes during the pendency of the case and other conditions laid down under section 438 (2)

Cr. P.C.

In case, the petitioner deposits the aforesaid ad interim victim compensation amount in the shape of demand drafts drawn in favour of the respective

Hospitals/Nursing Homes, the court below is directed to issue notice to the aforesaid Hospitals/Nursing Homes and hand over the said demand draft

to the authorized representatives of the aforesaid Hospitals/Nursing Homes, forthwith after proper identification.