Vikram Kumar Mandal Vs the State of Jharkhand — Jharkhand HC (2024) — LawSathi Research

Vikram Kumar Mandal Vs the State of Jharkhand — Jharkhand HC (2024) — LawSathi Research

What the court decided

AI extract

Outcome

Petitioner released on bail on bail bonds of Rs. 25,000/- with two sureties of the like amount each, to the satisfaction of the Additional Sessions Judge 1st, Jamtara, in connection with Jamtara Cyber Crime PS Case No. 69 of 2023, subject to the stated conditions (lodgement of self-attested Aadhaar photocopy and an active mobile number; presence on every trial date unless dispensed with; monthly last-Saturday reporting at the concerned police station for twelve months, failing which the bail bonds shall be cancelled).

Issue for consideration

Whether petitioner Vikram Kumar Mandal — against whom, per his counsel, there is nothing beyond suspicion, the pointed material being recovery of mobile phones with SIM cards — should be released on bail in connection with Jamtara Cyber Crime PS Case No. 69 of 2023, having been in custody since 11.12.2023.

Court's answer

The petitioner 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 1st, Jamtara, in connection with Jamtara Cyber Crime PS Case No. 69 of 2023.

Ratio / Principle

Bail is subject to the condition that the petitioner submit a self-attested photocopy of his Aadhaar Card and also submit his mobile number before the learned Court below.

Key takeaways

Bail is subject to the condition that the petitioner remain present on each and every date of trial before the learned Court below unless dispensed with by the learned Court below.ratio¶12
Bail is subject to the condition that the petitioner 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 require direction from the learned Court below.ratio¶14

Detailed headnote1 paragraphs

BAIL GRANTED — High Court of Jharkhand (Ranchi), B.A. No. 209 of 2024, single bench of Ratnaker Bhengra, J., order dated 15.03.2024: petitioner Vikram Kumar Mandal, in custody since 11.12.2023 in connection with Jamtara Cyber Crime PS Case No. 69 of 2023, is ordered released on bail on 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 1st, Jamtara. Conditions: (i) lodgement with the court below of a self-attested Aadhaar Card photocopy and an active mobile number not to be changed during the case without prior permission; (ii) presence on each and every trial date unless dispensed with by the court below; (iii) reporting at 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 the bail bonds shall be cancelled, exceptions only by direction of the court below. Grounds urged by defence counsel: prior acquittal (order dated 31.01.2020) in Karon PS Case No. 61 of 2017 (GR No. 735 of 2017), custody since 11.12.2023, and parity with co-accused Mithun Mandal (B.A. No. 168 of 2024; regular bail order dated 13.03.2024) and Pritam Mandal (B.A. No. 908 of 2024; regular bail order dated 14.03.2024) granted by a co-ordinate Bench. State counsel opposed, contending that a large number of recovered mobile phones indicated involvement; defence argued that mere recovery of mobile phones with SIM cards does not attract the penal provisions of IPC and IT Act.

IN THE HIGH COURT OF JHARKHAND AT RANCHI

B.A. No. 209 of 2024

Vikram Kumar Mandal

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. Rajesh Kumar, APP

04/15.03.2024: Heard both the counsels.

The learned counsel for the petitioner has submitted that apart from suspicion there is absolutely nothing against this petitioner. 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 in one case i.e. Karon PS Case No.61 of 2017 (GR No. 735 of 2017), in which, the petitioner was made accused, has been acquitted vide order dated 31.01.2020. Certified copy of the said order is taken on record. The learned counsel has further submitted that coaccused, namely, Mithun Mandal in BA No.168 of 2024 and Pritam Mandal in BA No. 908 of 2024 have been granted regular bail by a co-ordinate Bench of this Court vide orders dated 13.03.2024 and 14.03.2024 respectively. Moreover, the petitioner is in custody since 11.12.2023. Therefore, the petitioner may be granted privilege of bail.

Learned counsel for the State has vehemently opposed the bail application of the petitioner and has submitted that large number of mobile phones have been recovered from the petitioner which fully indicates his involvement in the alleged offence.

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. 69 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

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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.

(Ratnaker Bhengra, J.)

S.B.