The High Court allowed a bail application filed by a petitioner accused of cyber and cheating offences pending investigation for over a year, releasing him on bail with a monetary bond and sureties.
Petitioner directed to be released on bail on furnishing a bond of Rs. 20,000 with 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. 3151 of 2022
Aakash Kumar …... …. Petitioner Versus The State of Jharkhand .…. …. Opp. Party
Versus The State of Jharkhand .…. …. Opp. Party -------- CORAM : HON’BLE MR. JUSTICE AMBUJ NATH -------For the Petitioner : Mr. Rahul Ranjan, Advocate For the State : Mr. S. K. Tiwari, A.P.P --------
03/ Dated 08.07.2022
Heard the parties.
The petitioner has been made an accused in connection with Deoghar (Cyber) P.S. Case No.43 of 2021, for the offence under Sections 419, 420, 467, 468, 471, 120 (B) / 34 of the Indian Penal Code and Sections 66 (B), 66 (C), 66 (D), 84 (C) of the Information Technology Act, pending in the court of learned Additional Sessions Judge-II-cum-Special Judge, Deoghar.
Bail application of this petitioner was earlier rejected in B.A. No.10609 of 2021 vide order dated 29.11.2021.
It is alleged that on 01.06.2021, on the basis of confidential information that cyber criminals had assembled near upgraded Middle School at village Bank, the informant party raided the place of occurrence. Petitioner along with coaccused persons were arrested. On search, Oppo Android mobile and other e- gazettes were recovered from the possession of the petitioner. E-wallets were created using SIM Cards of mobile phone so recovered from the petitioner.
During the course of investigation, it transpires that the petitioner had contacted several persons and solicited the details of their bank accounts.
It was submitted that the petitioner is in custody for more than a year. Considering the period of custody, I am inclined to release the petitioner, on bail.
Accordingly, the petitioner, named above, is directed to be released on bail on furnishing bail bond of Rs.20,000/-(Rupees Twenty Thousand) with two sureties of the like amount each, to the satisfaction of learned Additional Sessions Judge-II-cum-Special Judge, Deoghar, in connection with Deoghar (Cyber) P.S. Case No.43 of 2021.
BS/
(Ambuj Nath, J.)
1 issue framed by the court
Whether the petitioner, now in custody for more than a year, should be released on bail.
2 provisions across 2 enactments
Aakash Kumar
The State of Jharkhand
Ambuj Nath
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
