This application sought bail for an accused charged under various IPC sections and IT Act provisions for alleged cyber fraud. The court considered the recovery of a mobile phone and passbook and the absence of criminal antecedents when granting bail.
Released on bail by furnishing bond of Rs. 10,000/- and two sureties of the like amount each.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JHARKHAND AT RANCHI
B.A. No. 10167 of 2017
Sabir Ansari @ Sabbir Ansari ….. Petitioner -V e r s u s- The State of Jharkhand ….. Opposite Party
CORAM: HON'BLE MR. JUSTICE ANANDA SEN
For the Petitioner : Mr. Pran Pranay, Advocate For the State : A.P.P
5/7.03.2018 Heard learned counsel appearing for the petitioner.
The petitioner is an accused for allegedly committing offence punishable under Section 414, 419, 420, 467, 468, 471, 120B of the Indian Penal Code, Section 66(B)(C)(D) of I.T. Act.
It is alleged that the petitioner is involved in committing cyber crime by fraudulently withdrawing money from several persons.
Learned counsel for the petitioner submits that the name of this petitioner has come only on the basis of confessional statements of Pinka Mandal and Tinka Mandal. It is stated that the house of the petitioner was raided and mobile phone was recovered from his possession. Save and except recovery of the mobile phone, no incriminating article has been recovered. He submits that the petitioner has got no criminal antecedent.
Learned Addl. P.P. opposes the prayer for bail and submits that the passbook has been recovered from the possession of this petitioner which belongs to his brother but she cannot deny the fact that there is no criminal antecedent against the petitioner.
Taking into consideration of the aforesaid fact and the period of custody, I am inclined to allow this application. Accordingly, the petitioner, namely, Sabir Ansari @ Sabbir Ansari is directed to be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M, Jamtara, in connection with Karmatanr, P.S. Case No. 98 of 2017, corresponding to G. R. No. 384 of 2017.
(Ananda Sen, J.)
Amar/cp3
3 issues framed by the court
Whether bail should be granted to the applicant in view of the mere recovery of a mobile phone and passbook in absence of antecedents?
What is the appropriate bail bond amount and surety requirements for the applicant?
Whether the applicant should be released on bail pending investigation?
8 provisions across 2 enactments
Sabir Ansari @ Sabbir Ansari
The State of Jharkhand
ANANDA SEN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
