Single judge of the High Court of Jharkhand allowed bail application filed by two petitioners charged under Sections 420 IPC and 66C, 66D of I.T. Act. Court directed release on bail with conditions including furnishing bond and Aadhar card.
Directed release of petitioners on bail bonds 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. 7726 of 2020
....
CORAM: HON’BLE MR. JUSTICE RAJESH KUMAR
For the Petitioners : Mr. Indrajit Sinha, Adv. For the State : Mr. Shailendra Kumar Tiwari, APP
The matter was taken up through Video Conferencing. Learned counsel for the parties had no objection with it and submitted that the audio and video qualities are good.
04/16.03.2021
Heard learned counsel for the petitioners and learned A.P.P.
The present application has been filed for grant of regular bail to the petitioners in connection with Cyber P.S. Case No.17 of 2018 corresponding to Cyber Case No.40 of 2020, registered under Section 420 of the Indian Penal Code and Section 66C & 66D of the I.T. Act.
Learned counsel for the petitioners has submitted that the petitioners are in judicial custody since 18.06.2020. It has been further submitted that the investigation has already been completed and the petitioners are ready to co-operate in the trial. It has been further submitted that the F.I.R. is against the holder of the mobile number but these petitioners are not the holder of that mobile number. Further the alleged money has been returned to the victim as it is evident from the deposition of P.W.-1 and P.W.-2. Hence the petitioners may be enlarged on bail.
On the other hand, learned A.P.P. has opposed the prayer.
Considering the material available on record and the fact that the investigation has already been completed, the petitioners, named above, are directed to be released on bail, on furnishing bail bonds of Rs.10,000/- (Ten thousand only) each with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-II, Jamshedpur in connection with Cyber P.S. Case No.17 of 2018 corresponding to Cyber Case No.40 of 2020 subject to the conditions that the petitioners will submit self attested copy of their Aadhar Card and also give their mobile number before the learned court below which they will not change during pendency of this case without prior permission of the court.
(Rajesh Kumar, J.)
Shahid/
2 issues framed by the court
Whether the petitioners are entitled to regular bail in connection with a cyber crime case.
Whether the high court should grant bail given that investigation is completed and money has been returned.
3 provisions across 2 enactments
Pawan Kumar
Chandan Kumar
The State of Jharkhand
Rajesh Kumar
As recorded by the court registry
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