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

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

What the court decided

AI extract

Outcome

Both petitioners (Pappu Mandal and Ajay Das) ordered released on bail on executing a bail bond of Rs. 25,000/- 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 PS case no. 66 of 2023, subject to the stated conditions of trial attendance, Aadhar/mobile-number submission, and monthly police-station reporting for one year.

Issue for consideration

Whether the petitioners (Pappu Mandal and Ajay Das), accused in connection with Jamtara Cyber PS Case No. 66 of 2023 involving alleged cyber-crime offences under the Indian Penal Code and the IT Act, should be released on bail.

Court's answer

Having heard learned counsels for the parties and considering the facts and circumstances, the Court was inclined to release both petitioners on bail on executing a bail bond of Rs. 25,000/- 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 PS case no. 66 of 2023.

Ratio / Principle

Bail was made subject to conditions including that the petitioners shall attend each and every date of trial unless dispensed with by the learned court below, and shall submit self-attested photocopies of their Aadhar Cards and mobile numbers, keeping the numbers always active and unchanged during pendency of the case without prior permission of the Court.

Key takeaways

Bail was further conditioned on the petitioners 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 their non-appearance at the police station, their bail-bond shall be liable to be cancelled; exemptions only by direction of the learned court below.ratio¶15

Detailed headnote1 paragraphs

Bail granted — High Court of Jharkhand at Ranchi (Ratnaker Bhengra, J.), Order No. 04 dated 21.03.2024, allowed BA No. 12329 of 2023 (Pappu Mandal) and BA No. 09 of 2024 (Ajay Das), directing release of both petitioners on bail in connection with Jamtara Cyber PS Case No. 66 of 2023, an alleged cyber-crime matter invoking the Indian Penal Code and the IT Act, on execution of a bail bond of Rs. 25,000/- each with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge-I, Jamtara, subject to conditions: (i) attendance on each and every trial date unless dispensed with by the court below; (ii) submission of self-attested Aadhar Card photocopies and mobile numbers, to be kept active and unchanged during pendency 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, failure whereof or adverse remarks of non-appearance rendering the bail-bond liable to cancellation, exemptions being only by direction of the learned court below.

IN THE HIGH COURT OF JHARKHAND AT RANCHI

(Criminal Miscellaneous Jurisdiction)

BA No. 12329 of 2023

Pappu Mandal ... … Petitioner Versus

The State of Jharkhand … … Opposite Party

with

BA No. 09 of 2024 Ajay Das ... … Petitioner Versus The State of Jharkhand … … Opposite Party ------

The State of Jharkhand … … Opposite Party

CORAM : HON’BLE MR. JUSTICE RATNAKER BHENGRA

------For the Petitioners : Mr. Zaid Ahmed, Advocate; Mr. K.K.Mishra,Advocate For the State : Mr. S.K. Tiwari, A.P.P.; Mr. P. K.Mishra, APP -------- Order No.04/Dated: 21st March, 2024

When the matters were called out, the learned counsels for the parties have appeared.

The learned counsel for the petitioners has submitted that offence are under section of Indian Penal Code as well as under IT Act and the allegation is of cyber crime. It was further submitted that petitioners have been falsely implicated in this case as no offence as alleged has been made out against the petitioners. It has further submitted that four mobile phones along with Sim-cards and from the house of Pappu Mandal five other mobile phones with Sim-cards have been recovered. There is no allegation regarding concealment of stolen property and therefore section 414 IPC is not made out and also there is no allegation of impersonation and, hence, section 409 IPC is also not made out. They have further submitted that no fraudulent transaction had taken place and also no victim came forward to complain against the petitioners. They have further submitted that Pappu Mandal has one criminal antecedent in which he is on anticipatory bail and Ajay Das has also got one criminal antecedent in which he is on regular bail. Therefore, the petitioners may be released on bail.

The learned counsels for the State has submitted that several witnesses in paragraph Nos. 9 to 16 of the case diary have supported the case of prosecution and in paragraph Nos. 38-39 of case diary CAF/CDR details have been indicated.

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Having heard learned counsels for the parties and in the facts and circumstances of the case, I am inclined to release the petitioners, named above, on executing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand Only)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 PS case no. 66 of 2023, subject to the conditions that (i) the petitioners shall attend each and every date of trial unless it is dispensed with by the learned court below (ii) the petitioners shall submit self-attested photocopy of their Aadhar Cards and mobile numbers before the learned court below which they will always keep active and will not change it during pendency of the case without prior permission of the Court and (iii) the petitioners 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 their nonappearance at the police station, their 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