Sakil Alam Alias Guddu Vs the State of Jharkhand — Jharkhand HC (2024) — LawSathi Research

Sakil Alam Alias Guddu Vs the State of Jharkhand — Jharkhand HC (2024) — LawSathi Research

What the court decided

AI extract

Outcome

Release of petitioner Sakil Alam @ Guddu on bail in connection with Pakur Town PS Case No. 223 of 2023, on a personal bail bond of Rs. 25,000/- with two sureties of the like amount each, to the satisfaction of the learned C.J.M., Pakur, subject to the three conditions stated in the order (trial attendance; Aadhar copy and active mobile number filed with the court below; police-station reporting on every last Saturday of the month between 01:00 and 05:00 p.m. for one year, default rendering the bail-bond liable to cancellation).

Issue for consideration

Whether petitioner Sakil Alam @ Guddu, held in custody since 30.11.2023 in connection with Pakur Town PS Case No. 223 of 2023 (alleged offences under sections of the Indian Penal Code and the IT Act), may be released on bail.

Ratio / Principle

Having heard learned counsels for the parties and considering the facts and circumstances of the case, the petitioner Sakil Alam @ Guddu is ordered to be released on bail on executing a bail bond of Rs. 25,000/- with two sureties of the like amount each, to the satisfaction of the learned C.J.M., Pakur, in connection with Pakur Town PS Case No. 223 of 2023.

Key takeaways

The bail release is subject to conditions: (i) attendance at each and every date of trial unless dispensed with by the learned court below; (ii) submission before the learned court below of a self-attested photocopy of his Aadhar Card and a mobile number to be kept active and unchanged during pendency of the case without prior permission of the Court; and (iii) reporting to the concerned police station on every last Saturday of the month, between 01:00 and 05:00 p.m., for one year, failing which, or on any adverse remarks regarding non-appearance at the police station, the bail-bond shall be liable to be cancelled; exemption from such attendance requires direction from the learned Court below.ratio¶¶12

Detailed headnote1 paragraphs

BAIL APPLICATION GRANTED — High Court of Jharkhand at Ranchi (Criminal Miscellaneous Jurisdiction), BA No. 147 of 2024, decided 21.03.2024 by Hon'ble Mr. Justice Ratnaker Bhengra (single-member bench, author). Petitioner Sakil Alam @ Guddu, in custody since 30.11.2023 in connection with Pakur Town PS Case No. 223 of 2023, released on bail on a bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand Only) with two sureties of the like amount each, to the satisfaction of the learned C.J.M., Pakur. Counsel (Mrs. Nitu Sinha) represented the alleged offences as falling under sections of the Indian Penal Code and the IT Act, the allegation being of cyber crime; petitioner was presented as a businessman of Maheshpur with no criminal antecedent, his Pakur house having been rented to Suman Kumar Sharma, identified as the main accused, and noted that co-accused Chandan Kumar Verma had been bailed by this Court on 15.3.2024 in BA no. 967 of 2024; the State (Mr. S.K. Tiwari, A.P.P.) opposed. Conditions of release: attendance at every trial date unless dispensed with; filing of self-attested Aadhar Card copy and an active mobile number not to be changed without prior permission of the Court; reporting to the concerned police station on every last Saturday of the month between 01:00 and 05:00 p.m. for one year, failing which (or on adverse remarks of non-appearance) the bail-bond is liable to be cancelled; exemptions only by direction of the learned Court below.

IN THE HIGH COURT OF JHARKHAND AT RANCHI

(Criminal Miscellaneous Jurisdiction) BA No. 147 of 2024

Sakil Alam @ Guddu .... … Petitioner Versus The State of Jharkhand … … Opposite Party

CORAM : HON’BLE MR. JUSTICE RATNAKER BHENGRA

------For the Petitioner : Mrs. Nitu Sinha, Advocate For the State : Mr. S.K. Tiwari, A.P.P.

-------- Order No.03/Dated: 21st March, 2024

When the matter was called out, the learned counsels for the parties have

appeared.

The learned counsel for the petitioner submits that offence are under sections of Indian Penal Code as well as under sections of IT Act and the allegation is of cyber crime. She has further submitted that petitioner is a simple business man doing his own business in Maheshpur and house in question is in Pakur which was given on rent to one Suman Kumar Sharma who is the main accused and he has engaged other persons along with him for committing such crime. Petitioner is no way concerned with the said offence. She has further submitted that one of the co-accused Chandan Kumar Verma has been released on bail by this court vide order dated 15.3.2024 passed in BA no. 967 of 2024. Petitioner has got no criminal antecedent and he is in custody since 30.11.2023, therefore, he may be released on bail.

The learned counsel for the State has opposed the prayer for bail.

Having heard learned counsels for the parties and in the facts and circumstances of the case, I am inclined to release the petitioner, named above, on executing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand Only) with two sureties of the like amount each to the satisfaction of the learned C.J.M., Pakur, in connection with Pakur Town PS Case No. 223 of 2023, subject to the conditions that (i) the petitioner shall attend each and every date of trial unless it is dispensed with by the learned court below (ii) the petitioner shall submit self-attested photocopy of his Aadhar Card and mobile number before the learned court below which he will always keep active and will not change it during pendency of the case without prior permission of the Court and (iii) the petitioner shall report to the concerned police station on every last Saturday of the month, between 01:00 and 05:00 p.m. for one year, failing which or if any adverse remarks regarding his non- appearance at the police station, his bail-bond shall be liable to be cancelled. Any exemption to such attendance shall be done so after direction from the learned Court below.

( Ratnaker Bhengra, J.)

KNR