The High Court
Case Details
IN THE HIGH COURT OF JHARKHAND AT RANCHI (Criminal Miscellaneous Jurisdiction) BA No. 2442 of 2024 with BA No. 2445 of 2024 with BA No. 2480 of 2024 with BA No. 2500 of 2024 with BA No. 2517 of 2024 with BA No. 2550 of 2024 with BA No. 2807 of 2024 Virendra Kumar Mandal ... … Petitioner [In BA No. 2442 of 2024] Mithlesh Rawani @ Mithilesh Kumar Rawani ... … Petitioner [In BA No. 2445 of 2024] Shahabuddin Ansari ... … Petitioner [In BA No. 2480 of 2024] Kush Kumar Mandal @ Kush Kumar ... … Petitioner [In BA No. 2500 of 2024] Ekramul Ansari ... … Petitioner [In BA No. 2517 of 2024] ... … Petitioner Barkat Ansari [In BA No. 2550 of 2024] Prem Kumar Das ... … Petitioner [In BA No. 2807 of 2024] Versus The State of Jharkhand … … Respondent [In all cases] ------ CORAM : HON’BLE MR. JUSTICE RATNAKER BHENGRA ------- For the Petitioners : Mr. K.K. Mishra, Advocate; Mr. Rahul Ranjan, Advocate; Mr. Shahid Yunus, Advocate; Mr. Lalit Yadav, Advocate; Mr. A. K. Choudhary, Advocate For the State
Legal Reasoning
: Mr. Shailendra Kumar Tiwari, APP Mr. P. D. Agrawal, SPP Ms. Ruby Pandey,APP Mr. A.K. Pathak, APP Mr. Rajesh Kumar, APP -------- th June, 2024 Order No.06/Dated: 14 BA No. 2442 of 2024 The learned counsel for the petitioner submits that no incriminating article has been recovered from the possession of the petitioner. There is no complaint by any person about seized article as stolen property and also for the -2- same no case has been lodged. The petitioner has got one criminal antecedent in which he is on bail. The learned counsel for the State has opposed the prayer for bail and submitted that three victims have made complaint that they were cheated by the petitioner and in NCRP portal there are several complaints against the petitioner. He has further stated that in the technical verification CAF and CDR also disclosed involvement of the petitioner in the alleged offence. BA No. 2445 of 2024 The learned counsel for the petitioner submits that there is recovery of one mobile phone and two sim cards from the possession of the petitioner. He has further stated that one of the sim card was planted to implicate the petitioner in the cyber offence. The petitioner has got no criminal antecedent. The learned counsel for the State opposed the prayer for bail and submitted that there is one victim who has said under section 161 Cr.P.C. that she has been cheated by the petitioner. He has further stated that in the technical verification CAF and CDR also disclosed involvement of the petitioner in the alleged offence. BA No. 2480 of 2024 The learned counsel for the petitioner submits that allegations are general and omnibus in nature. There is no specific allegation against the petitioner and the petitioner has got no criminal antecedents. The learned counsel for the State submits that there is no victim but in the technical verification CAF and CDR also disclosed involvement of the petitioner in the alleged offence. BA No. 2500 of 2024 The learned counsel for the petitioner submits that there is no specific overt act against the petitioner. The petitioner has not committed any cyber offence and merely on suspicion he has been implicated in this case. The petitioner has no criminal antecedent. The learned counsel for the State opposed the prayer for bail and submitted that there are three victims who have stated under section 161 Cr.P.C. that they have been cheated by the petitioner and in the technical verification CAF and CDR also disclosed involvement of the petitioner in the alleged offence. BA No. 2517 of 2024 The learned counsel for the petitioner submits that no incriminating article has been recovered from the possession of the petitioner. The petitioner has been implicated by the police with ulterior motive. All the witnesses are police constables. Seizure was not prepared at the place of occurrence rather the same was -3- prepared at the police station. The petitioner has no criminal antecedent. The learned counsel for the State opposed the prayer for bail and submitted that in the technical verification CAF and CDR also disclosed involvement of the petitioner in the alleged offence. BA No. 2550 of 2024 The learned counsel for the petitioner submits that no incriminating article has been recovered from the possession of the petitioner. The petitioner has been implicated by the police with ulterior motive. There is no evidence to suggest that any offence under IPC and also under IT Act have been committed. The petitioner has no criminal antecedent. The learned counsel for the State opposed the prayer for bail and submitted that there is one victim who has said under section 161 Cr.P.C. that she has been cheated by the petitioner. He has further stated that in the technical verification CAF and CDR also disclosed involvement of the petitioner in the alleged offence. BA No. 2807 of 2024 The learned counsel for the petitioner submits that petitioner is innocent and has been falsely implicated in this case. There is no specific overt act against the petitioner. The petitioner has not committed any cyber offence and merely on suspicion he has been implicated in this case. The petitioner has no criminal antecedent. The learned counsel for the State opposed the prayer for bail and submitted that in the technical verification CAF and CDR also disclosed involvement of the petitioner in the alleged offence. The learned counsels for the petitioners have submitted that all the petitioners are in custody since 24.12.2023, therefore, they may be released on bail. Having heard learned counsels for the parties and in the facts and circumstances of the case, I am inclined to release the above-named petitioners on bail, on executing bail-bond of Rs. 25,000/- (Rupees Twenty Five Thousand Only)each with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge-II, Deoghar, in connection with Deoghar Cyber PS case no. 93 of 2023, subject to the conditions that (i) the petitioners shall attend each and every date of trial unless it is dispensed with by the learned court below (ii) the petitioners shall submit self-attested photocopy of their Aadhar Cards and mobile numbers before the learned court below which they will always keep active and will not change it during pendency of the case without prior permission of the Court and (iii) 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 -4- which or if any adverse remarks regarding their non- appearance at the police station, their bail-bond shall be liable to be cancelled. Any exemption to such attendance shall be done so after direction from the learned Court below. KNR (Ratnaker Bhengra, J.)