Prince Kumar Vs the State of Jharkhand

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THE HIGH COURT OF JHARKHAND AT RANCHI

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B.A. No. 1030 of 2024

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Prince Kumar

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….. Petitioner

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Versus The State of Jharkhand ….. Opp. Party --------CORAM: HON'BLE MR. JUSTICE PRADEEP KUMAR SRIVASTAVA -------- For the Petitioner : Mr. Rahul Ranjan, Advocate. For the State : Mr. Naveen Kumar Ganjhu, A.P.P. ---------

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Order No. 07/Dated: 01^st July, 2024

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Heard learned counsel for the parties.

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The petitioner has been made an accused in connection with Deoghar Cyber P.S. Case No. 52 of 2023 registered for the offences punishable under Sections 419, 420, 467, 468, 471, 120B of the I.P.C. 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.

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As per FIR, on the basis of secret information regarding commission of Cyber Crime. A raid was conducted at mobile shop and seeing the police party, miscreants started fleeing away, but on chase some miscreants including petitioner were apprehended by police. On search, mobile phones, SIM cards were recovered.

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Learned counsel for the petitioner has submitted that petitioner is innocent and has committed no offence at all as alleged and he has been falsely implicated in this case. Three mobile sets along with SIM cards has been recovered, from the possession of the petitioner, which has no connection with the commission of cyber crime. No other material is available on record showing the involvement of present petitioner related to commission of Cyber Crimes. Petitioner has no criminal antecedent. Petitioner undertakes to cooperate in the trial of the case by remaining physically present as and when required and shall not indulge in any manner in tampering with the prosecution evidences or influencing the witnesses of prosecution. Hence, the petitioner may be extended the privilege of bail.

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Learned A.P.P. was directed to file counter affidavit regarding criminal antecedent of the petitioner, but in this regard, no counter affidavit has been filed.

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On the other hand, learned Addl.P.P appearing for the State has opposed the prayer for bail of the petitioner and submitted that positive materials have been collected during investigation showing involvement of the petitioner in the alleged offence. Hence, petitioner does not deserve bail.

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Regard being had to the facts and circumstances of the case, nature of allegation coupled with the materials available against the petitioner and no criminal background, I am inclined to release the petitioner on bail. Accordingly, the petitioner named above is directed to be released on bail on furnishing of bail bond of Rs.25,000/- ( Rupees Twenty five thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-II, Deoghar in connection with Deoghar Cyber P.S. Case No. 52 of 2023 subject to the conditions:-

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(1) Petitioner shall remain physically present on each and every date till the conclusion of the trial of this case unless prevented from sufficient cause to the satisfaction of the learned Trial Court.

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(2) Petitioner shall not indulge in any or other similar offence till the conclusion of the trial.

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(3) Petitioner shall not indulge in tampering with the prosecution evidences or influencing the prosecution witnesses.

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In case of violation of the aforesaid conditions, the bail of the petitioner shall be cancelled and shall be taken into custody by the learned Trial Court itself.

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(Pradeep Kumar Srivastava, J.)

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Simran

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Prince Kumar v. the State of Jharkhand

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Prince Kumar v. the State of Jharkhand

Case brief

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