Bail application admitted as legitimate. Petitioner undertakes to remove procedural defects within one week. Bail granted upon furnishing bond and sureties.
Petitioner released on bail on furnishing bond of Rs. 20,000 with two sureties of the like amount.
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IN THE HIGH COURT OF JHARKHAND AT RANCHI B.A. No. 1298 of 2022
Puran Mandal. ..... … Petitioner Versus The State of Jharkhand …. …. Opp. Party -------- CORAM : HON’BLE MR. JUSTICE SUBHASH CHAND -------For the Petitioner : Mr. Kaushal Kishore Mishra, Advocate For the State : Mr. Satish Prasad, A.P.P. --------
03/ 06.05.2022 Heard learned counsel for the applicant and the learned A.P.P. for the State.
Learned counsel for the applicant undertakes to remove the defects, as pointed out by the office, within a period of one week.
This bail application has been filed on behalf of the applicant –Puran Mandal with a prayer to release on bail in connection with Bengabad P.S. Case No. 35 of 2016, corresponding to Cyber Case No. 58 of 2021, for the offences registered under Sections, 419, 420, 467, 468, 471 of the Indian Penal Code read with Section 66 (A), 66 (C), 66 (D) of Information Technology Act, pending in the court of the Additional Sessions JudgeII-cum-Special Judge, Cyber Crime, Giridih.
Learned counsel for the applicant (s) has/have submitted that the F.I.R. of this case was lodged against two accused persons including the applicant with the allegation of committing the cybercrime. It is also submitted that one A.T.M. Card bearing name of the present applicant (Puran Mandal) are alleged to be recovered from the possession of co-accused-Dinesh Mandal, who happens to be the maternal uncle of present applicant. It is also submitted that the applicant has been languishing in jail since 25.09.2021 having no criminal antecedent. It is also submitted that there is nothing on record to show that these articles recovered from the possession of the applicant were ever used in commission of cybercrime against any person in any way.
Learned Special P.P. appearing on behalf of the State vehemently opposed the contention made by the learned counsel for the applicant.
In view of the submissions made and materials on record, the bail application of the applicant is hereby allowed. Let the applicant be released on bail on furnishing bail bond of Rs. 20,000/-(Rupees Twenty Thousand) with two sureties of the like amount to the satisfaction of the court concerned in aforesaid case.
(Subhash Chand, J.)
P.K.S.
1 issue framed by the court
Whether the bail application filed by the accused in a cyber fraud case should be allowed after undertaking to remove defects.
Puran Mandal
The State of Jharkhand
Subhash Chand
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
