Justice Anil Kumar Choudhary granted regular bail to Pinka Mandal, an accused in a cyber-fraud and cheating case, on furnishing a bond and two sureties, noting the vagueness of allegations and anticipatory bail granted to co-accused.
Petitioners released on bail by furnishing bond of Rs. 10,000 each with two sureties of like amount.
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IN THE HIGH COURT OF JHARKHAND AT RANCHI
B. A. No.5260 of 2017
The State of Jharkhand … … Opposite Party
CORAM : HON'BLE MR. JUSTICE ANIL KUMAR CHOUDHARY
For the Petitioners : Mr. Prashant Kr. Rahul, Advocate For the Opposite Party : Addl.P.P.
04/06.10.2017 Heard learned counsel for the petitioners and learned Addl.P.P. for
the State.
Petitioners have been made accused in connection with Karmatand P.S. Case No.98 of 2017 corresponding to G.R. No.384 of 2017 registered for the offences punishable under Sections 414/419/420/467/468/471/120B of the Indian Penal Code read with Section 66(b) (c) & (d) of the Information Technology Act.
Learned counsel for the petitioners submits that the allegation against the petitioners is that the petitioners along with co-accused persons have impersonated themselves as bank officers and after obtaining information about the details of A.T.M. Cards of the account holders of bank, he swindled away money from their bank accounts. It is submitted that the allegations are vague and omnibus in nature. It is also submitted that there is no overt act attributed to the petitioners. It is further submitted that other co-accused persons namely Ram Prasad Mandal, Arun Mandal & Barun Kumar Mandal @ Barun Mandal, Robin Mandal and Umesh Kumar Mandal @ Umesh Mandal have already been granted the privileges of anticipatory bail by this Court vide orders dated 29.06.2017, 01.07.2017, 05.07.2017 and 19.08.2017 in A.B.A. Nos.3649 of 2017, 3859 of 2017, 3839 of 2017 and 4907 of 2017 respectively. The petitioners are in custody since 17.04.2017 which has been mentioned in para12 of the instant bail application. Hence, the petitioners may be released on bail.
Learned Addl.P.P. appearing for the State opposes the prayer for regular bail of the petitioner.
Considering the submissions of the counsel and the facts as discussed above, the petitioners, named above, are directed to be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Jamtara in connection with Karmatand P.S. Case No.98 of 2017 corresponding to G.R. No.384 of 2017.
(Anil Kumar Choudhary, J.)
Animesh/-
1 issue framed by the court
Whether the petitioners should be released on regular bail in a cyber-fraud and cheating case.
2 provisions across 2 enactments
Pinka Mandal
The State of Jharkhand
Anil Kumar Choudhary
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
