Puran Das Vs the State of Jharkhand — Cheating and Forgery | Jharkhand HC (2024)

Puran Das Vs the State of Jharkhand — Cheating and Forgery | Jharkhand HC (2024)

What the court decided

AI extract

Outcome

Regular bail granted to Puran Das, Sukhsagar Das and Dhananjay Mahra on furnishing bail bond of Rs.20,000/- with two sureties of the like amount each, subject to conditions of attendance on every trial date, abstention from similar offences, and non-tampering with prosecution evidence or witnesses; breach entails cancellation of bail.

Issue for consideration

Whether the petitioners, accused in Deoghar (Cyber) P.S Case No. 92 of 2023 and in judicial custody since 23.12.2023, should be released on regular bail.

Court's answer

Having regard to the facts and circumstances of the case, the nature of allegation and the materials available against the petitioners, the Court was inclined to release the petitioners on regular bail.

Ratio / Principle

The petitioners were directed to be released on bail on furnishing a bail bond of Rs.20,000/- with two sureties of the like amount each, to the satisfaction of the learned Additional Sessions Judge-II-cum-Special Judge, Cybercrime, Deoghar, in connection with Deoghar (Cyber) P.S Case No. 92 of 2023.

Key takeaways

Bail was made subject to conditions: physical presence on each and every date till conclusion of trial, abstention from any or other similar offence, and no tampering with prosecution evidence or influencing of prosecution witnesses; violation entails cancellation of bail and taking into custody by the learned Trial Court.ratio¶¶15

Detailed headnote1 paragraphs

Bail granted — Regular bail allowed to three accused (Puran Das, Sukhsagar Das, Dhananjay Mahra) in Deoghar (Cyber) P.S Case No. 92 of 2023, registered under Sections 419/420/467/468/471/120B IPC and Sections 66(B)/66(C)/66(D)/84(C) of the Information Technology Act, pending before the Additional Sessions Judge-II-cum-Special Judge, Cybercrime, Deoghar. FIR alleged a raid on 22.12.2023 following secret information about cybercrime, with seizure of mobile phones and SIM cards. Petitioners in judicial custody since 23.12.2023; charge-sheet filed; counsel stated no criminal antecedents and undertook cooperation. Held (Pradeep Kumar Srivastava, J.): regard being had to the facts, nature of allegation and materials available, petitioners released on bail on a bond of Rs.20,000/- with two like sureties, subject to conditions of presence on every trial date, commission of no similar offence, and no tampering with evidence or witnesses; violation to result in cancellation of bail and custody.

IN THE HIGH COURT OF JHARKHAND AT RANCHI

B.A. No.2190 of 2024

Puran Das … Petitioner Versus The State of Jharkhand … Opposite Party WITH B.A. No.2191 of 2024 Sukhsagar Das … Petitioner Versus The State of Jharkhand … Opposite Party WITH B.A. No.2194 of 2024 Dhananjay Mahra … Petitioner Versus The State of Jharkhand … Opposite Party Coram: HON’BLE MR. JUSTICE PRADEEP KUMAR SRIVASTAVA

For the Petitioner : Mr. A.K. Choudhary, Adv. [In B.A. Nos. 2190 of 2024 & 2191 of 2024] : Mr. Lalit Yadav, Adv. [In B.A. No.2194 of 2024] For the State : Mr. Shailendra Kumar Tiwari, A.P.P. [In B.A. Nos. 2190 of 2024 & 2191 of 2024] : Ms. Ruby Pandey, A.P.P. [In B.A. No.2194 of 2024] Order No.07/Dated- 27.06.2024

Heard learned counsel for the parties.

The petitioners have been made an accused in connection with Deoghar (Cyber) P.S Case No. 92 of 2023 registered for the offences under Sections 419/420/467/468/471/120B of the Indian Penal Code and Sections 66(B)/66(C)/66(D)/84 (C) of the Information Technology Act, pending in the Court of learned Additional Sessions Judge-II-cumSpecial Judge, Cybercrime, Deoghar.

As per FIR, it is alleged that on 22.12.2023, informant received secret information about the involvement of persons in cybercrime. A

raid was conducted in several villages, resulting in the arrest of multiple persons, including the petitioner. Various mobile phones and SIM cards were seized from the suspects. The suspects, upon interrogation, failed to produce any valid document. From preliminary investigation of the mobiles seized from the apprehended persons, prima-facie, it appears that they are involved in cybercrime.

Learned counsel for the petitioners has submitted that petitioners are innocent and have committed no offence at all rather they have been falsely implicated in this case. The petitioners are languishing in Judicial Custody since 23.12.2023 without any rhymes and reasons. Petitioners have no criminal antecedents. Charge-sheet has been submitted. Petitioners undertake to cooperate in the trial of the case by remaining physically present as and when required and shall not indulge in any manner in tampering with the prosecution evidences or influencing the witnesses of prosecution. Hence, the petitioners may be extended the privilege of bail.

On the other hand, learned Addl.P.P appearing for the State has opposed the prayer for bail of the petitioners.

Regard being had to the facts and circumstances of the case, nature of allegation coupled with the materials available against the petitioners, I am inclined to release the petitioners on regular bail. Accordingly, the petitioners named above are directed to be released on bail on furnishing of bail bond of Rs.20,000/- (Twenty thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-II-cum-Special Judge, Cybercrime, Deoghar in connection with Deoghar (Cyber) P.S Case No. 92 of 2023 subject to the conditions:-

(1) Petitioners shall remain physically present on each and every date till the conclusion of the trial of this case unless prevented from sufficient cause to the satisfaction of the learned Trial Court.

(2) Petitioners shall not indulge in any or other similar offence till the conclusion of the trial.

(3) Petitioners shall not indulge in tampering with the prosecution evidences or influencing the prosecution witnesses.

In case of violation of the aforesaid conditions, the bail of the petitioner shall be cancelled and shall be taken into custody by the learned Trial Court itself.

(Pradeep Kumar Srivastava, J.)

Sachin