Shekhar Mandal Vs the State of Jharkhand

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IN THE HIGH COURT OF JHARKHAND AT RANCHI

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B.A. No.3070 of 2024

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Shekhar Mandal … Petitioner Versus The State of Jharkhand … Opposite Party

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Coram: HON’BLE MR. JUSTICE PRADEEP KUMAR SRIVASTAVA

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For the Petitioner : Mr. Lalit Yadav, Adv. For the State : Mr. Shailendra Kumar Tiwari, A.P.P.

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Order No.05/Dated- 26.06.2024

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Heard learned counsel for the parties.

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The petitioner has been made an accused in connection with Deoghar (Cyber) P.S Case No. 01 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.

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As per FIR, it is alleged that on 07.01.2023, informant received secret information about the involvement of persons in cyber crime. A raid was conducted, 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, confessed their involvement in cybercrimes, which was further supported by preliminary investigation of the seized mobiles.

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Learned counsel for the petitioner has submitted that petitioner is innocent and has committed no offence at all rather he has been falsely implicated in this case. The petitioner is languishing in Judicial Custody since 08.01.2023 without any rhymes and reasons. There is no specific overt act has been attributed against the petitioner. Charge has been framed. Petitioner undertakes 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. It is lastly submitted that similarly situated other co-accused persons namely Asraf Ansari @ Asaraf Ansari and Tajmul Ansari @ Tajamul Ansari have already been

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extended privilege of regular bail by the Co-ordinate Bench of this Court passed in B.A. Nos. 3108 of 2024 and 3077 of 2024 vide orders dated 26.04.2024. The case of petitioner stands on similar footing. Hence, the petitioner may be extended the privilege of bail.

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On the other hand, learned Addl.P.P appearing for the State has vehemently opposed the prayer for bail of the petitioner but so far the matter of parity is concerned, it is admitted that the case of petitioner is on similar footing with the other co-accused persons granted regular bail in this case.

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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 petitioner on regular bail. Accordingly, the petitioner named above is directed to be released on bail on furnishing of bail bond of Rs.10,000/- (Ten 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. 01 of 2023 subject to the conditions:-

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(1) Petitioner 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.

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

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

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(Pradeep Kumar Srivastava, J.)

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Sachin

Shekhar Mandal v. the State of Jharkhand

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Shekhar Mandal v. the State of Jharkhand

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