Sarfaraj Ansari … v. The State of Jharkhand
Case Details
IN THE HIGH COURT OF JHARKHAND AT RANCHI (Criminal Miscellaneous Jurisdiction) B.A .No. 1809 of 2024 Sarfaraj Ansari … … Petitioner Versus The State of Jharkhand … … Opposite Party with B.A. No. 1810 of 2024 Sarafat Ansari … … Petitioner Versus The State of Jharkhand … … Opposite Party with B.A. No. 2076 of 2024 Tulsi Kumar Das … … Petitioner Versus The State of Jharkhand … … Opposite Party with B.A. No. 2436 of 2024 Ranjeet Kumar Das @ Ranjeet Kumar Kundan … … Petitioner Versus The State of Jharkhand … … Opposite Party
Legal Reasoning
------ CORAM : HON’BLE MR. JUSTICE RATNAKER BHENGRA For the Petitioner ------- : Mr. Sudhansu Kumar Deo, Advocate [ B.A .No. 1809 of 2024, B.A. No. 1810 of 2024] : Mr. Ankit Kumar, Advocate [ BA No. 2076 of 2024] For the State [ Mr. K.S. Nanda, Advocate [B.A. No. 2436 of 2024] : Mr. Shailendra Kumar Tiwari, APP [B.A .No. 1809 of 2024] : Mr. Bhola Nath Ojha, APP [ B.A. No. 1810 of 2024] : Mr. Tarun Kumar, APP [BA No. 2076 of 2024] : Mr. Sunil Kumar Dubey, APP [B.A. No. 2436 of 2024] -------- 05 /13.05.2024 All the bail applications arise from the same police station case number, therefore, they are heard together and being disposed of by this common order. Heard the learned counsels for the parties. The petitioners are accused in connection with Deoghar Cyber Crime P.S. Case No. 73 of 2023 registered under sections 419, 420, 467, 468, 471, 120 ( B) of IPC & section 66( B), 66 ( C ), 66( D), 84 ( C ) of I.T. Act pending in the court of learned Additional Sessions Judge-II-cum- Spl. Judge, Cyber Crime Case, Deoghar. -2- The learned counsel for the petitioner in BA No. 1809 of 2024 submits that police recovered two Mobile phones along with SIMs from the possession of the petitioner, which belongs to the petitioner and there is no money transaction as well as the petitioner has not transferred any illegal amount of any account holder. It is further submitted that not a single person has come forward to say that the petitioner has cheated him. It is further submitted that petitioner has no criminal antecedent. The learned counsel for the petitioner in BA No. 1810 of 2024 submits that police recovered two mobile phones along with SIMs from the possession of petitioner, which belongs to the petitioner and there is no money transaction as well as the petitioner has not transferred any illegal amount of any account holder. It is further submitted that not a single person has come forward to say that the petitioner has cheated him. It is further submitted that petitioner has no criminal antecedent. The learned counsel for the petitioner in BA No. 2076 of 2024 submits that from the petitioner one black colour Narzo Realme Android mobile with SIM and Deep Blue Colour Oppo Mobile with SIM were recovered. The alleged recovered articles belongs to the petitioner and his family members and the same does not lead to infer that the petitioner was involved in cyber crime. From the aforesaid mobile/SIM no transaction has been made. It is further submitted no aggrieved person has come forward to say that he has been cheated by the petitioner. It is further submitted that petitioner has no other criminal antecedent. The learned counsel for the petitioner in BA No.2436 of 2024 submits that one Deep Blue colour Realme Android Mobile with SIM, one silver colour oppo Android mobile with SIM, three Debit Cards and one Bank Pass book were recovered from the petitioner and there is no evidence of any monetary transaction through the aforesaid mobile/SIM recovered from the petitioner. It is further submitted that not a single person came forward to say that the petitioner has cheated them in any way. It is further submitted that there is no evidence that the petitioner has done any cyber offence or has transferred any money illegally in his account or account of any other persons. Learned counsel for the State in BA No. 1809 of 2024 has opposed the bail petition and submitted that the mobile and SIM recovered was found in the names of others and as per technical verification from the -3- recovered mobiles, series of random call were found which indicate the commission of cyber offence. Learned counsel for the State in BA No. 1810 of 2024 has opposed the bail application and submits that in para 129 of the case diary there is complaint regarding fraud and victim has been cheated of Rs. 4100/-. The learned counsel for the State in BA No. 2076 of 2024 has opposed the bail application and submits that one victim has pointed out in para 126 of the case diary who was cheated of Rs. 64600/-. The learned counsel for the State in BA No. 2436 of 2024 has opposed the bail application and submits that one victim has come forward in para 127 of the case diary and made complaint money fraud, who has been cheated of Rs. 25100/- The learned counsels for the petitioners of all the bail applications have submitted that petitioners are in custody from 01.12.2023, therefore, they have spent sufficient time in custody. Having heard both counsels, gone through the records of the case and in the facts and circumstances of the case, I am inclined to release the petitioners of all the bail applications, named above, on bail, on furnishing bail bond of Rs. 25,000/- (rupees twenty five thousand only)each with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-II-cum- Spl. Judge, Cyber Crime Case, Deoghar in connection with Deoghar Cyber Crime P.S. Case No. 73 of 2023, subject to the condition that the petitioners shall report to the concerned police station on every last Saturday of the month, between 01:00 and 05:00 p.m for one year, failing which or if any adverse remarks regarding their non-appearance at the police station, their bail bonds shall be liable to be cancelled. Any exemption to such attendance shall be done so after direction of the learned Court below and the petitioners shall remain present on each and every date of trial before the Court below unless dispensed with by the learned Court below with further condition that the petitioners will submit self-attested photocopy of their Aadhaar Cards and also submit their mobile numbers before the learned court below which they will always keep active and will not change it during pendency of this case without prior permission of the court. Sharda/ (Ratnaker Bhengra, J.)