Govind Thakur Vs the State of Jharkhand — Cheating and Forgery | Jharkhand HC (2024)

Govind Thakur Vs the State of Jharkhand — Cheating and Forgery | Jharkhand HC (2024)

What the court decided

AI extract

Outcome

Release of the petitioner on bail upon furnishing a bail bond of Rs.20,000/- with two sureties of the like amount each to the satisfaction of the District & Additional Sessions Judge-II-cum-Special Judge, Vigilance (Cyber Crime, Electricity Act), Dhanbad, subject to conditions of physical attendance on every trial date (unless dispensed with for sufficient cause) and abstention from tampering with prosecution evidence or influencing/gaining over witnesses.

Issue for consideration

Whether petitioner Govind Thakur, accused in Dhanbad Cyber P.S. Case No. 30 of 2023 under Ss. 420, 467, 468 IPC (cognizance additionally under Ss. 419, 120B IPC and S. 66(D) I.T. Act) for the alleged Airtel-impersonation cheating, should be enlarged on bail. +1 more

Court's answer

Considering the facts and circumstances of the case, the nature of allegation against the petitioner, the materials available on record and the period of custody, the Court was inclined to release the petitioner on bail.

Ratio / Principle

The petitioner was 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 District & Additional Sessions Judge-II-cum-Special Judge, Vigilance (Cyber Crime, Electricity Act), Dhanbad, in connection with Dhanbad Cyber P.S. Case No. 30 of 2023.

Key takeaways

Bail imposed with the condition that the petitioner shall appear physically on each and every date during the trial until its conclusion, unless his physical appearance is dispensed with for sufficient cause to the satisfaction of the learned trial court.ratio¶13
Further bail condition: the petitioner shall not indulge in tampering with the prosecution evidence or influence the witnesses or gain over them.ratio¶13

Detailed headnote1 paragraphs

Cyber-fraud — regular bail granted (High Court of Jharkhand at Ranchi, single bench: Pradeep Kumar Srivastava, J.; Order No.05 dated 13.06.2024) to petitioner Govind Thakur in B.A. No.2251 of 2024. Petitioner is an accused in Dhanbad Cyber P.S. Case No. 30 of 2023, registered under sections 420, 467 and 468 IPC, with cognizance under sections 420, 467, 468, 419 and 120B IPC and Sections 66(D) of the I.T. Act; per the FIR he allegedly conspired with co-accused to commit cybercrime by impersonating an Officer of Airtel Company on calls promising tower installation, cheating more than Rs.20 lakhs from the informant and others before switching off their phones. Petitioner in judicial custody since 23.10.2023; counsel contended innocence, false implication, absence of any recovery of cheated amount or incriminating articles, no criminal antecedent, and parity with a co-accused granted regular bail in B.A. No.3797 of 2024 (order dated 16.05.2024). Considering the facts and circumstances, the nature of allegation, materials on record and the period of custody, the Court released the petitioner on a bail bond of Rs.20,000/- (two sureties of like amount) before the District & Additional Sessions Judge-II-cum-Special Judge, Vigilance (Cyber Crime, Electricity Act), Dhanbad, conditioning the bail on physical presence on each and every trial date (unless dispensed with for sufficient cause) and on non-tampering with prosecution evidence and non-influencing/gaining over of witnesses.

IN THE HIGH COURT OF JHARKHAND AT RANCHI B.A. No.2251 of 2024

------ Govind Thakur .... .... …. Petitioner Versus The State of Jharkhand .... .... ....Opposite Party

------

Coram: HON’BLE MR. JUSTICE PRADEEP KUMAR SRIVASTAVA

-----For the Petitioner : Mr. Mahesh Tewari, Advocate Mr. Shubham Kumar, Adv. For the State : Mr. Shailendra Kumar Tiwari, Addl.P.P

Order No.05 Dated- 13.06.2024

Heard learned counsel for the parties.

The petitioner has been made accused in connection with Dhanbad Cyber P.S. Case No. 30 of 2023 registered under sections 420, 467 and 468 of Indian Penal Code and cognizance has been taken under sections 420, 467, 468, 419 and 120B of IPC and Sections 66(D) of I.T. Act.

As per FIR, allegation is that petitioner hatching criminal conspiracy with other co-accused person has committed cybercrime with the informant/victim by impersonating himself as Officer of Airtel Company by calling on his mobile phone from different numbers that they would get the tower installed in his filed. After cheating of more than Rs.20 lakhs from the informant and others, they switched off their mobile phones.

Learned counsel for the petitioner has submitted that the petitioner is innocent and has committed no offence at all rather he has been falsely implicated in this case. Either no cheated amount or any incriminating articles has been recovered from the conscious possession of the petitioner and he has no concern with alleged cybercrime. Co-accused with similar allegation has already been granted regular bail by the Co-ordinate Bench of this Court vide order dated 16.05.2024 passed in B.A. No.3797 of 2024. Petitioner undertakes to co-operate with the trial of the case and remain physically present on each and every date till the conclusion of the trial and shall not indulge in tampering with the prosecution evidence or influence the witnesses or gain over them. It is next submitted that the petitioner has no criminal antecedent. The petitioner is languishing in judicial custody since 23.10.2023 without

any rhymes and reasons. Hence the petitioner may be enlarged on bail.

Learned Addl. P.P. has opposed the prayer for bail of the petitioner.

Considering the facts and circumstances of this case, the nature of allegation against petitioner coupled with materials available on record and period of custody of the petitioner, I am inclined to release the above named petitioner, on bail. Accordingly, the petitioner named above, is directed to be released on bail on furnishing bail bond of Rs.20,000/- (Rupees twenty thousand) with two sureties of the like amount each to the satisfaction of learned District & Additional Sessions Judge-II-cum-special Judge, Vigilance (Cyber Crime, Electricity Act), Dhanbad in connection with Dhanbad Cyber P.S. Case No. 30 of 2023 with condition that petitioner shall appear physically on each and every date during the trial of case till its conclusion unless his physical appearance is dispensed with for sufficient cause to the satisfaction of the learned trial court and with further condition that petitioner shall not indulge in tampering with the prosecution evidence or influence the witnesses or gain over them.

(Pradeep Kumar Srivastava, J.)

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