Gurudeo Das Vs the State of Jharkhand — Jharkhand HC (2024) — LawSathi Research

Gurudeo Das Vs the State of Jharkhand — Jharkhand HC (2024) — LawSathi Research

What the court decided

AI extract

Outcome

Regular bail granted to the petitioner on furnishing a bail bond of Rs. 25,000/- with two sureties of the like amount each, subject to conditions of monthly last-Saturday police-station reporting for one year (bond cancellable on default/adverse remarks), mandatory trial attendance unless excused by the court below, and submission of a self-attested Aadhaar copy and an always-active mobile number.

Issue for consideration

Whether petitioner Gurudeo Das, arraigned in connection with Deoghar (Cyber) P.S. Case No. 81 of 2023 (alleged cyber cheating), should be released on regular bail, with parity claimed against four co-accused already granted bail on 07.05.2024.

Court's answer

On the facts and circumstances, including the absence of disputed bail orders against co-accused and the petitioner's custody since 07.12.2023, the petitioner is fit to be released on bail on furnishing a bail bond of Rs. 25,000/- with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge-II, Deoghar, in connection with Deoghar (Cyber) P.S. Case No. 81 of 2023.

Ratio / Principle

Bail is subject to the condition that 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 on adverse remarks regarding non-appearance at the police station, the bail bond shall be liable to be cancelled.

Key takeaways

Further conditions: any exemption from police-station attendance only upon direction of the learned Court below; the petitioner shall remain present on each and every date of trial unless dispensed with by the learned Court below; and he shall submit a self-attested photocopy of his Aadhaar Card and an active mobile number to the learned court below, to be kept active and not changed during pendency without prior permission.ratio¶13

Detailed headnote1 paragraphs

Criminal Bail — Regular bail granted — High Court of Jharkhand, Ranchi, B.A. No. 1734 of 2024 (decided 14.06.2024) — Coram: Hon'ble Mr. Justice Ratnaker Bhengra (single judge) — Applicant Gurudeo Das implicated allegedly merely on suspicion in a cyber-cheating case arising out of Deoghar (Cyber) P.S. Case No. 81 of 2023 — Defence pointed to absence of any specific overt act, silence of the FIR as to the person cheated, absence of other criminal antecedents, custody since 07.12.2023, and parity with four co-accused (Islam Ansari — B.A. No. 1387 of 2024; Murshed Ansari @ Murshid Ansari — B.A. No. 1433 of 2024; Subhash Yadav — B.A. No. 1376 of 2024; Guddu Rawani — B.A. No. 1582 of 2024) granted regular bail vide orders dated 07.05.2024 — State counsel opposed but did not dispute the cited bail orders — Petitioner released on bail on a bail bond of Rs. 25,000/- with two like sureties to the satisfaction of learned Additional Sessions Judge-II, Deoghar — Stringent conditions imposed: reporting at the concerned police station on every last Saturday (01:00–05:00 p.m.) for one year with the bond cancellable on failure or adverse remarks; exemption only by direction of the court below; presence at every trial date unless dispensed with; deposit of self-attested Aadhaar photocopy and an active mobile number not to be changed without prior permission.

IN THE HIGH COURT OF JHARKHAND AT RANCHI

B.A. No. 1734 of 2024

Gurudeo Das

... Petitioner

-Versus-

The State of Jharkhand

… ... Opposite Party

CORAM :- HON'BLE MR. JUSTICE RATNAKER BHENGRA

For the Petitioner :- Mr. Lalit Yadav, Advocate For the State :- Mr. Vishwanath Roy, SPP

05/14.06.2024: Heard both the counsels.

The learned counsel for the petitioner has submitted that there is no specific overt act against the petitioner. The petitioner has not committed any cyber offence and merely on suspicion he has been implicated in this case. The learned counsel has further submitted that in the FIR there is no specific allegation against the petitioner to whom he has cheated. The learned counsel has further submitted that save and except the present case, the petitioner is not having any other criminal antecedent. The learned counsel has further submitted that co-accused, namely, Islam Ansari in BA No. 1387 of 2024, Murshed Ansari @ Murshid Ansari in BA No. 1433 of 2024, Subhash Yadav in BA No. 1376 of 2024, and Guddu Rawani in BA No. 1582 of 2024 have been granted regular bail by this Court vide orders dated 07.05.2024. Moreover, the petitioner is in custody since 07.12.2023. Therefore, the petitioner may be granted privilege of bail.

Learned counsel for the State has vehemently opposed the bail application of the petitioner but does not dispute the cited bail orders.

Having heard both counsels, gone through the records of the case and in the facts and circumstances of the case, I am inclined to release the petitioner, named above, on bail, on furnishing bail bond of Rs. 25,000/(rupees twenty five thousand only) 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. 81 of 2023, subject to the condition that 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 of the learned Court below and the petitioner shall remain present on each and every date of trial before the Court below unless dispensed with by the learned Court below with further condition that the petitioner will submit self-attested photocopy of his Aadhaar Card and also submit his mobile number before

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the learned court below which he will always keep active and will not change it during pendency of this case without prior permission of the court.

(Ratnaker Bhengra, J.)

S.B.