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

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

What the court decided

AI extract

Outcome

Regular bail granted: release ordered on executing bail bonds of Rs. 25,000/- with two sureties of the like amount each to the satisfaction of the Additional Sessions Judge 1st, Jamtara, subject to conditions of Aadhaar/mobile-number filing, attendance at every trial date unless dispensed with, and monthly police-station reporting on the last Saturday (1:00 PM - 5:00 PM) for twelve months.

Issue for consideration

Whether the petitioner, Ujjwal Kumar Das, in custody since 20.12.2023 in connection with Jamtara Cyber Crime PS Case No. 73 of 2023, should be released on regular bail.

Court's answer

The Court orders the petitioner, Ujjwal Kumar Das, to be released on bail on executing bail bonds of Rs. 25,000/- with two sureties of the like amount each, to the satisfaction of the Additional Sessions Judge 1st, Jamtara.

Ratio / Principle

The bail is subject to three conditions: (i) the petitioner must submit a self-attested photocopy of his Aadhaar Card and register an always-active mobile number with the court below, changeable only with prior permission; (ii) he must remain present on each and every date of trial unless dispensed with by the court below; and (iii) he must report to the concerned police station on the last Saturday of every month between 1:00 PM and 5:00 PM for the next twelve months, failing which his bail bonds shall be cancelled, exceptions requiring direction from the court below.

Detailed headnote1 paragraphs

Bail granted — B.A. No. 197 of 2024: Ujjwal Kumar Das, in custody since 20.12.2023 in connection with Jamtara Cyber Crime PS Case No. 73 of 2023, ordered released on bail on executing bail bonds of Rs. 25,000/- with two sureties of the like amount each, to the satisfaction of the Additional Sessions Judge 1st, Jamtara. Conditions imposed: (i) submission of self-attested Aadhaar Card photocopy and an always-active mobile number to the court below (changeable only with prior permission); (ii) presence on every trial date unless dispensed with by the court below; (iii) monthly reporting to the concerned police station on the last Saturday between 1:00 PM and 5:00 PM for the next twelve months, failing which the bail bonds shall be cancelled, exceptions requiring direction from the court below. During hearing, counsel had contended the petitioner was implicated solely on confession, that recovery of mobile phones with SIM cards does not attract the penal provisions of IPC and IT Act, that he had no criminal antecedent and was a student, and urged parity with co-accused Pankaj Kumar Mandal bailed out in B.A. No. 948 of 2024 (order dated 14.03.2024); State counsel opposed but did not dispute that cited order.

IN THE HIGH COURT OF JHARKHAND AT RANCHI

B.A. No. 197 of 2024

Ujjwal Kumar Das

The State of Jharkhand

... Petitioner

-Versus… ... Opposite Party

CORAM :- HON'BLE MR. JUSTICE RATNAKER BHENGRA

For the Petitioner :- Mr. Rahul Ranjan, Advocate For the State :- Mr. Shailendra Kumar Tiwari, APP

04/15.03.2024: Heard both the counsels.

The learned counsel for the petitioner has submitted that the petitioner has been made accused only on the basis of confession and the entire allegation made against him is concocted and baseless and fit to be disbelieved and discarded. The name of this petitioner has unnecessarily been introduced in the FIR without any iota of evidence against him and mere recovery of mobile phones with SIM cards does not attract the penal provisions of IPC and IT Act. The learned counsel has further submitted that the petitioner has no criminal antecedent and he is student preparing for general competitive examinations and his unnecessary detention behind the prison ruins his bright career. The learned counsel has further submitted that co-accused, namely, Pankaj Kumar Mandal in BA No.948 of 2024 has been granted regular bail by a co-ordinate Bench of this Court vide order dated 14.03.2024. Moreover, the petitioner is in custody since 20.12.2023. 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 order.

Having gone through the records of the case and arguments in the facts and circumstances, present petitioner, named above, is ordered to be released on bail on executing bail bonds of Rs. 25,000/- (Rupees Twenty Five Thousand only) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge 1^st , Jamtara, in connection with Jamtara Cyber Crime PS Case No. 73 of 2023, subject to the conditions that (i) the petitioner will submit self-attested photocopy of his Aadhaar Card and also submit his mobile number before 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 (ii) the petitioner shall also remain present on each and every date of trial before the learned Court below unless dispensed with by the learned Court below and (iii) the petitioner shall report to the concerned police station on last Saturday of every month between 1:00 PM and 5:00 PM in the next twelve month, failing which his bail bonds shall be cancelled. Any exception to such attendance shall be done so after direction from the learned Court below.

S.B.

(Ratnaker Bhengra, J.)