In a bail application, the High Court of Jharkhand considered the petitioner's surrender of undertaking not to enter the victim's house and the respondent society's promise to maintain the property, leading to a grant of bail.
Petitioner directed to be released on bail upon furnishing a bond of Rs. 10,000/- and two sureties.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JHARKHAND AT RANCHI
B.A. No. 3259 of 2020
Dr. Dhirendra Kumar Gupta ... Petitioner Versus The State of Jharkhand & another … Opposite Parties ---
CORAM : HON’BLE MR. JUSTICE RONGON MUKHOPADHYAY Through Video Conferencing
| For the Petitioner For the State |
--- : Mr. A. K. Kashyap, Sr. Advocate : Mrs. Nehala Sharmin, A.P.P. |
|---|---|
| For the Informant For the O.P. No. 2 Order No. 02 |
: Mrs. Chaitali Chatterjee Sinha, Advocate : Mr. Mukesh Kumar, Advocate --- Dated 05thNovember, 2020 |
Heard the learned counsel appearing for the respective parties.
The prayer for bail of the petitioner was earlier rejected in B.A. No. 11169 of 2019.
Amongst the allegations which were levelled in the First Information Report it was also insinuated that the petitioner and others who are running Nav Jyoti Eye Clinic from the house belonging to the informant being House No. 229 had tried to grab it by creating forged documents.
Since an apprehension was created in the mind of the Court as to the attempts which could be made by the petitioner if he is granted bail, Mr. Kashyap, learned senior counsel for the petitioner was directed to implead the Secretary, Bokaro Steel Karamchari Cooperative Society as the opposite party No. 2. Consequent to such impleadment, personal service was also effected and subsequent to the same Mr. Mukesh Kumar, learned counsel has appeared, who has stated that in fact the actual name of the society is Bokaro Steel Employees Cooperative House Construction Society Ltd. He has further stated that so far as the house in question is concerned, it is under the society and it is the responsibility of the secretary and other concerned officials regarding the proper upkeep of the said house.
It has been stated by Mr. A. K. Kashyap, learned senior counsel for the petitioner that the petitioner is in custody since 07.11.2019. He has further stated that the petitioner is suffering from several ailments. Mr. A. K. Kashyap has also given an undertaking on behalf of the petitioner that the petitioner shall never make attempts to enter into the house in question i.e. House No. 229.
Mrs. Chaitali Chatterjee Sinha, learned counsel for the informant has opposed the prayer for bail of the petitioner and has basically reiterated the
allegations levelled in the First Information Report and has also stated about the torture committed upon the brother, sister duo by the petitioner. She has further stated that Mithu Ghosh @ Manjushri Ghosh is now recuperating in Central Institute of Psychiatry, Kanke and that the house in which they were residing is vacant and is under lock and key.
Mr. Mukesh Kumar, learned counsel appearing for the Bokaro Steel Employees Cooperative House Construction Society Ltd. has also undertaken that the society shall look after the House No. 229 and shall not allow any unauthorized encroachment and/ or occupation of the said house by any unauthorized and/ or unscrupulous elements. Mr. Mukesh Kumar has further submitted since the house belongs to the legal heir of the original owner and the only surviving heir is Mithu Ghosh @ Manjushri Ghosh who is already recuperating in Central Institute of Psychiatry, Kanke, the society shall ensure the proper upkeep and maintenance of the said house till it is occupied by the legal heir of the original owner.
On consideration of the aforesaid undertakings given by Mr. A. K. Kashyap, learned senior counsel for the petitioner and Mr. Mukesh Kumar, learned counsel appearing for the Bokaro Steel Employees Cooperative House Construction Society Ltd. and taking into consideration the period of custody undergone by the petitioner, he is directed to be released on bail on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned District & Additional Sessions Judge-II, Bokaro in connection with S.T. No. 53 of 2020 arising out B.S. City P.S. Case No. 207 of 2018 (G.R. No. 79 of 2020).
This application stands disposed of.
(RONGON MUKHOPADHYAY,J.)
MK
2 issues framed by the court
Whether the petitioner should be released on bail considering the apprehension of threatening the scheme members.
Whether the undertaking given regarding the possession of the house is sufficient to alleviate the apprehension.
Dr. Dhirendra Kumar Gupta
The State of Jharkhand
Bokaro Steel Employees Cooperative House Construction Society Ltd.
Opposite Parties
RONGON MUKHOPADHYAY
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
