Milan Dan v. The State of Jharkhand

CORAM :- HON'BLE MR. JUSTICE RATNAKER BHENGRA :- Mr. A.K. Kashyap, Sr. Advocate; Mr. Anurag Kashyap, Advocate For the Petitioner For the State :- Mr. Manoj Kr. Mishra, APP 02/18.08.2023: Heard both the counsels. ... The petitioner is an accused in this case for the offence registered under sections 414, 419, 420, 467, 468, 471, 120-B of the IPC and sections 66(B) (C) (D) of the IT Act. The learned senior counsel for the petitioner has submitted that the the name of the petitioner was disclosed on the confession of one co- accused, namely, Laxman Dutta. On the confession of Laxman Dutta, house of the petitioner was searched and recovery of two mobiles was made from his house. Apart from these two mobiles, there is no other recovered items. No complaint was specifically made against this petitioner. Further, the learned counsel has submitted that no recovery of much or huge amount of cash was made from the house of the petitioner and that no amount of money was credited to his account or any fake account at the instance of the petitioner.

Moreover, the petitioner is in custody since 05.07.2023. Therefore, the petitioner may be granted privilege of bail. Learned counsel for the State, has vehemently opposed the bail application of the petitioner and has submitted that two mobiles were recovered from this petitioner and definitely, the allegations seems to be made initially against Laxman Dutta and on his confession, the petitioner's name has been disclosed, therefore, it seems that they are part of the gang of cyber crime. Having gone through the records of the case and the arguments advanced by the learned counsel for both the sides, present petitioner, named above, is ordered to be released on bail on executing bail bonds of Rs.25,000/- (Rupees Twenty Five Thousand only) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge I, Jamtara , in connection with Jamtara Cyber Crime PS Case No.42 of 2023, subject to the conditions that (i) the petitioner will submit self- attested photocopy of his Aadhaar Card and also submit his mobile number before the learned Court below which he will always keep active and will not change it during pendency of this case without prior permission of the Court (ii) the petitioner shall also remain present on each and every date of trial before the learned Court below unless dispensed with by the learned Court below and (iii) the petitioner shall report to the concerned police station on last Saturday of every month between 1:00 PM and 5:00 PM in the next twelve month, failing which his bail bonds shall be cancelled. Any exception to such attendance shall be done so after direction from the learned Court below. S.B. (Ratnaker Bhengra, J.)