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Irshad Ansari v. the State of Jharkhand

Jharkhand HC11 Mar 2024B.A./11/2024

Case brief

AI extract

What is this about?

High Court of Jharkhand at Ranchi; bail applications B.A. Nos. 11, 49, 58 & 249 of 2024 granted by common order dated 11.03.2024 by Justice Ambuj Nath; Jamtara Cyber Crime P.S. Case No.68 of 2023; offences under IPC ss. 414, 419, 420, 467, 468, 471 & 120-B read with IT Act ss. 66(B)(C)(D); cyber crime raid of 04.12.2023, seizure of mobile phones and e-gadgets; plea that no victim came forward and preparation for cyber offence is not a penal offence; bail bond Rs.20,000 with two like sureties before Additional Sessions Judge-I, Jamtara.

What did the court decide?

Release of all four petitioners on bail on furnishing bail bonds of Rs.20,000/- (Rupees Twenty Thousand) each with two sureties of the like amount each, to the satisfaction of the learned Additional Sessions Judge-I, Jamtara, in connection with Jamtara Cyber Crime P.S. Case No.68 of 2023.

Irshad Ansari Vs the State of Jharkhand — Jharkhand HC (2024) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the petitioners, made accused in connection with Jamtara Cyber Crime P.S. Case No.68 of 2023, should be released on bail, in light of counsel's submissions that no victim had turned up and that the alleged conduct amounted only to preparation for committing cyber offence, which is not a penal offence.

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Court's answer

Considering the facts placed before it (including counsel's submissions that no victim had surfaced and that the alleged conduct would amount only to preparation for a cyber offence), the court was inclined to release the petitioners on bail.

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Ratio / Principle

All the petitioners were directed to be released on bail upon furnishing bail bonds of Rs.20,000/- (Rupees Twenty Thousand) each with two sureties of the like amount each, to the satisfaction of the learned Additional Sessions Judge-I, Jamtara, in connection with Jamtara Cyber Crime P.S. Case No.68 of 2023.

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Detailed headnote1 paragraphs

Common order disposing four bail applications — B.A. Nos. 11, 49, 58 and 249 of 2024 — of Irshad Ansari, Md. Basir Ansari @ Basir Ansari, Nasir Ansari and Mehbub Ansari, all made accused in connection with Jamtara Cyber Crime P.S. Case No.68 of 2023 for offences under Sections 414, 419, 420, 467, 468, 471 & 120-B of the Indian Penal Code read with Sections 66(B)(C)(D) of the Information Technology Act, pending before the learned Additional Sessions Judge-I, Jamtara. On 04.12.2023, Cyber Police, Jamtara, on confidential information, raided the house of petitioner Md. Basir Ansari @ Basir Ansari, apprehending him alongwith co-accused Nasir Ansari and Irshad Ansari, and recovered several mobile phones and other e-gadgets used in commission of cyber offence. Counsel for the petitioners submitted that no victim had turned up to show he was duped, and that even assuming the allegation true, the case would be one of mere preparation for committing cyber offence, which is not a penal offence. Considering these facts, Hon'ble Mr. Justice Ambuj Nath directed release of all the petitioners on bail on furnishing bail bonds of Rs.20,000/- (Rupees Twenty Thousand) each with two sureties of the like amount each, to the satisfaction of the learned Additional Sessions Judge-I, Jamtara.

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IN THE HIGH COURT OF JHARKHAND AT RANCHI

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Irshad Ansari The State of Jharkhand	B.A. No. 11 of 2024 ------- Versus With B.A. No. 49 of 2024 -------	…... .….	…. Petitioner …. Opp. Party
Md. Basir Ansari @ Ba The State of Jharkhand	sir Ansari Versus With B.A. No. 58 of 2024 -------	…... .….	…. Petitioner …. Opp. Party
Nasir Ansari The State of Jharkhand	Versus With B.A. No. 249 of 2024 -------	…... .….	…. Petitioner …. Opp. Party
Mehbub Ansari The State of Jharkhand	Versus --------	…... .….	…. Petitioner …. Opp. Party

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CORAM : HON’BLE MR. JUSTICE AMBUJ NATH

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-------For the Petitioner(s) : Mr. Arvind Kumar Choudhary, Advocate Mr. Pran Pranay, Advocate For the State : Mr. Shailesh Kumar Sinha, A.P.P Mr. Shailendra Kumar Tiwari, A.P.P Mr. Satish Prasad, A.P.P Mr. Shiv Shankar Kumar, A.P.P --------

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04/ Dated 11.03.2024

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All these bail applications arise out of the same police case and as such, these are being disposed of by this common order.

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Heard the parties.

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The petitioners have been made accused in connection with Jamtara Cyber Crime P.S. Case No.68 of 2023, for the offences under Sections 414, 419, 420, 467, 468, 471 & 120-B of the Indian Penal Code read with Sections 66(B)(C)(D) of the Information Technology Act, pending in the court of learned Additional Sessions Judge-I, Jamtara.

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On 04.12.2023, Cyber Police, Jamtara on the basis of confidential information, raided the house of one of the petitioners namely Md. Basir Ansari @ Basir Ansari and apprehended alongwith co-accused persons namely Nasir Ansari and Irshad Ansari. On search, several mobile phones and other e-gadgets used in commission of cyber offence was recovered.

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Learned counsel for the petitioners has submitted that no victim has turned up to show that he was duped by the petitioners. It was further submitted that even assuming the allegation to be true, this will be the case of making preparation for committing cyber offence, which is not a penal offence.

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Considering the aforesaid fact, I am inclined to release the petitioners, on bail. Accordingly, the petitioners, named above, are directed to be released on bail on furnishing bail bonds of Rs.20,000/-(Rupees Twenty Thousand) each with two sureties of the like amount each, to the satisfaction of learned Additional Sessions Judge-I, Jamtara, in connection with Jamtara Cyber Crime P.S. Case No.68 of 2023.

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BS/

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(Ambuj Nath, J.)

Irshad Ansari v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

Irshad Ansari v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

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