High Court granted bail to Ali Hussain Ansari in a cyber crime case involving cheating and forgery, directing release on a bond with two sureties despite objections regarding lack of victim and identity issues with seized mobile sets.
Petitioner directed to be released on bail by furnishing a bond of Rs. 25,000/ with two sureties.
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IN THE HIGH COURT OF JHARKHAND AT RANCHI
B.A. No. 4649 of 2023
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Ali Hussain Ansari .... .... …. Petitioner Versus The State of Jharkhand .... .... .... Opp. Party
CORAM: HON'BLE MR. JUSTICE GAUTAM KUMAR CHOUDHARY
For the Petitioner : Mr. Rahul Ranjan, Advocate For the State : Mr. P.K. Chatterjee, Special P.P.
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Order No.07 Dated :10.11.2023
Heard both the sides.
The petitioner- Ali Hussain Ansari is in custody since 06.04.2023 in connection with Cyber P.S. Case No. 20 of 2023 for the offence registered under Sections 419, 420, 467, 468, 471, 120B of the Indian Penal Code and Section 66(B), 66(C), 66(D) and 84(C) of the Information Technology Act pending in the Court of learned Additional Sessions Judge-II, Deoghar.
It is submitted by the learned counsel on behalf of petitioner that it is alleged that three mobile sets, three debit cards and one motorcycle was seized from this petitioner. However, there is no material to show that the seized mobile sets or debit cards were used in any cybercrime as there is no victim of offence.
Learned A.P.P. opposed the prayer for bail. It is submitted that the SIM card that was being used in his mobile was running in the name of third person.
Under the circumstances, the above named petitioner is directed to be released on bail on furnishing bail bond of Rs.25,000/-(Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the Court below.
(Gautam Kumar Choudhary, J . )
Anit
3 issues framed by the court
Whether the petitioner is entitled to bail in a cyber crime case involving cheating and forgery allegations.
Whether the absence of a victim in the case affects the bail application.
Whether additional sureties and a bail bond are adequate conditions for release.
2 provisions across 2 enactments
Ali Hussain Ansari
The State of Jharkhand
Gautam Kumar Choudhary
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
