Pappu Das v. The State Of Jharkhand

CORAM: HON’BLE MR. JUSTICE NAVNEET KUMAR For the Petitioner For the State -------- : Mr. Shahid Yunus, Advocate : Mrs. Nihala Sharmim, APP -------- Order No.03 : Dated: 20th January, 2022 The case was heard through video conferencing. None of the parties found any flaws with audibility/visibility during the course of hearing the matter. Learned defence counsel appearing the petitioner undertakes to remove the defects, as pointed out by the stamp reporter, in due course of time. The petitioner is an accused in connection with Deoghar (Cyber) P.S. Case No. 75 of 2021, registered under sections 353, 419, 420, 467, 468, 471, 120 B of IPC and 66(B), 66(C), 66(D) and 84 (C) of IT Act, pending in the Court of learned Addl. Sessions Judge II, Deoghar. It has been submitted by the learned defence counsel that the allegation against the petitioner is that he along with co-accused persons of this case in connivance with each other under the pretext of personating themselves as forged bank officers and E-wallet representatives, used to cheat the laymen by withdrawing the money fraudulently and dishonestly on line , but, no specific overt act has been attributed against the petitioner and not a single victim has been named who is said to have been cheated in the alleged offence by the petitioner.

Learned counsel for the petitioner further submitted that the petitioner is apprehended in this case on the basis of secret information and no incriminating articles have been recovered from his possession to connect his involvement in the commission of the offence as one mobile, two sim cards, passbooks of Bank of India and Canara Bank and one ATM of Canara bank have been recovered from his possession. It has been pointed out that the charge sheet has been submitted in this case and possibility of tampering the evidence in future is very remote. The petitioner is in jail custody since 18.08.2021. It has also been pointed out that co-accused persons namely RanjitYadav vide B.A. No. 13574 of 2021, Arif Ansari vide B.A. No. 14165 of 2021, Bablu Kumar vide B.A. No. 13701 of 2021, Ajay Kumar Das vide B.A. No. 14075 of 2021 & Rahul Yadav 13708 of 2021 have been granted bail by this Court. On the other hand, learned A.P.P. appearing for the State is opposed the prayer for bail of the petitioner.

Judge learned Addl. Sessions Having taken into consideration the submissions of the parties under the facts and circumstances of the case, on furnishing bail bonds of Rs. 25,000/- (Rupees Twenty Five Thousand) by the like amount each to the petitioner(s) with two sureties of satisfaction of II, Deogharin connection with Deoghar (Cyber) P.S. Case No. 75 of 2021, the petitioner, above named, is directed to be released on bail, subject to the conditions that an undertaking supported by affidavit shall be furnished to the concerned court on behalf of the petitioner consisting of the declarations that he will cooperate in the trial and he will appear before the court as and when required, further a copy of his Aadhar Card, residential address and mobile number shall also be submitted to the concerned court and he will not change the same without informing the court and further he will not tamper the evidences in this case, inter alia, either by inducement, promise or any threatening to the witnesses and he will not commit such offence during the pendency of this case along with other conditions as laid down under Section 439 of Cr.P.C. MM (Navneet Kumar, J.)