On a bail application in a Deoghar cybercrime case, the High Court allowed the petitioner's bail after noting that no record showed the recovered articles were used to commit the crime.
Bail allowed on furnishing bond of Rs.20,000 with two sureties of the like amount.
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.333 of 2022
Hadish Ansari @ Chhotu Ansari ..... … Petitioner Versus The State of Jharkhand …. …. Opp. Party -------- CORAM : HON’BLE MR. JUSTICE SUBHASH CHAND -----For the Petitioner : Mr. Shahid Yunus, Advocate For the State : Mr. S.K. Tiwari, Spl. P.P. --------
02/27.06.2022 Heard learned counsel for the applicant and learned Spl. P.P. for the
State.
This bail application has been filed on behalf of the abovenamed applicant with prayer to release on bail in connection with Deoghar (Cyber) P.S. Case No.54 of 2021 registered under Sections 419, 420, 467, 468, 471 and 120B of the Indian Penal Code, Sections 66(B), 66(C), 66(D) and 84(C) of the I.T. Act pending in the court of learned Special Judge, Cybercrime, Deoghar.
Learned counsel for the applicant has submitted that the F.I.R. of this case was lodged against eleven named accused persons including the applicant with the allegations of committing cybercrime. It is further submitted two mobile phones along with SIM cards, bank passbooks and ATM cards were alleged to be recovered from the possession of the applicant. There is nothing on record to show that the alleged recovered articles were ever used in committing cybercrime against any person. The applicant has been languishing in jail since 26th June, 2021.
Learned Spl. P.P. appearing on behalf of the State vehemently opposed the contentions made by the learned counsel for the applicant and contended that the applicant along with other co-accused were involved in commission of the cybercrime.
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.)
Rohit
2 issues framed by the court
Whether the bail application of the accused in a cybercrime case involving cheating and forgery should be allowed.
Whether the recovery of mobile phones and bank passbooks from the applicant's possession is sufficient ground to deny bail.
2 provisions across 2 enactments
Hadish Ansari @ Chhotu Ansari
The State of Jharkhand
Subhash Chand
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
