Partly allowed

Love Dutta And Anr. v. The State Of Jharkhand

Jharkhand HC6 Jul 2018B.A./443/2018

Case brief

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What is this about?

In a bail application regarding charges of digital fraud under IPC and IT Act, the High Court of Jharkhand directed the release of the first petitioner on bail due to lack of evidence against him, while rejecting bail for the second petitioner who had sufficient evidence of transferring money via e-wallets.

What did the court decide?

Petitioner No.1 released on bail; prayer for bail of Petitioner No.2 rejected.

Love Dutta And Anr. Vs The State Of Jharkhand — Cheating and Forgery | Jharkhand HC (2018)

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IN THE HIGH COURT OF JHARKHAND AT RANCHI

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B.A. No. 443 of 2018

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----

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Love Dutta

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Anant Raxit … Petitioners

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-versus-

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The State of Jharkhand … Opposite Party

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----

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CORAM : HON’BLE MR. JUSTICE ANANDA SEN

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----

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For the Petitioners : Mr. Kaushik Sarkhel, Advocate For the State : A.P.P. ----

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7/ 06.07.2018 Heard learned counsel for the petitioner and the learned A.P.P. assisted by the Investigating Officer for the State.

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Petitioners are accused for allegedly committing an offence under Sections 414, 419, 420, 467, 468, 471 and 120B of the Indian Penal Code and Section 66(B)(C)(D) of the Information Technology Act, in connection with Narayanpur Police Station Case No.222 of 2017 corresponding to G.R. No.1137 of 2017, pending in the Court of learned Sub Divisional Judicial Magistrate, Jamtara.

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There is an allegation that the petitioners were transferring money electronically from the account of other persons in fraudulent manner.

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Learned counsel for the petitioners submits that there is nothing against these petitioners and they are in custody since 25.10.2017.

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Learned A.P.P. appearing for the State assisted by the Investigating Officer opposes the prayer for bail of the petitioners and submits that so far petitioner No.2 is concerned, there are sufficient evidence of transferring money through the ATM Cards of other persons using e-wallets from the mobile phone recovered from the petitioner. Learned A.P.P. refers to paragraphs 65, 66 and 67 of the Case Diary in support of the said submission.

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Learned A.P.P. further fairly admits that there is no evidence against the petitioner No.1 of indulging in any transaction.

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Taking into consideration the aforesaid facts, while petitioner No.1, namely, Love Dutta is directed to be released on bail on furnishing

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-: 2 :-

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bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Sub Divisional Judicial Magistrate, Jamtara, in connection with Narayanpur Police Station Case No.222 of 2017 corresponding to G.R. No.1137 of 2017, prayer for bail of the petitioner No.2, namely, Anant Raxit is hereby rejected.

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Appearance of the Investigating Officer is dispensed with.

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( Ananda Sen, J.)

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Kumar/Cp-03

Love Dutta And Anr. v. The State Of Jharkhand

Case brief

What is this about?

What did the court decide?

Love Dutta And Anr. v. The State Of Jharkhand

Case brief

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What did the court decide?

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