Allowed

Subodh Kumar Yadav v. the State of Jharkhand

Jharkhand HC24 Jun 2024B.A./3379/2024

Case brief

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What is this about?

Two petitioners sought regular bail in a cyber cheating case after mobile phones and SIMs were recovered from them. The State opposed citing case-diary material including calls, wallets and a WhatsApp ID linked to an anganwadi centre. The court granted bail on conditions including trial attendance, active mobile number disclosure, and monthly police reporting.

What did the court decide?

Petitioners released on bail on Rs. 25,000 bond each with two like sureties, subject to trial-attendance, mobile-number and monthly police-station reporting conditions.

Subodh Kumar Yadav Vs the State of Jharkhand — Cheating and Forgery | Jharkhand HC (2024)

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IN THE HIGH COURT OF JHARKHAND AT RANCHI

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B.A. No. 3379 of 2024

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Subodh Kumar Yadav ... Petitioner -VersusThe State of Jharkhand … ... Opposite Party

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With

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B.A. No. 3381 of 2024

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Mahesh Kumar Yadav ... Petitioner

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-Versus-

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The State of Jharkhand

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… ... Opposite Party

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CORAM :- HON'BLE MR. JUSTICE RATNAKER BHENGRA

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For the Petitioner :- Mr. Lakhan Chandra Roy, Advocate; For the State :- Mr. Vineet Kumar Vashistha, SPP;

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Mr. Vishwanath Roy, SPP

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05/24.06.2024: All the counsels are present.

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Learned counsel for the petitioners submitted that one white-colored VIVO android phone with one sim card and sky-colored VIVO android phone with another sim card was recovered from the possession of the petitioner namely, Subodh Kumar Yadav and one black-colored Apple i-phone with jio sim card and one golden-colored android with vodafone sim card was recovered from the possession of the petitioner namely Mahesh Kumar Yadav. The counsel further submitted that the police has taken the signature of the petitioners on blank paper while the petitioners were in custody. Also, in the entire FIR there is no indication as to whom the petitioners have cheated, by impersonation. The counsel further submitted that there is no criminal antecedents against the petitioners save and except the present one, and also the petitioners are in custody since 27.01.2024, and therefore, they may be enlarged on bail.

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Learned counsels for the State has opposed the prayer for bail of the petitioners and submitted from para 29,30, 33, 37 and 38 of the case diary that enough details have been procured to indicate the guilt of the petitioners in the offence. Also, the mobile recovered from the petitioners are in the names of other persons. The counsel further submits that from the mobile phone of the petitioners various calls have been made to unknown numbers and also in one of the mobiles there is Whats App id created in the name of anganwadi centre. There is also chat for returning of money and reference to the names of other persons in connection with debit cards or phonePe. Also, wallets have been installed and mobikwik app have been installed which are further used for committing the cyber crime.

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Having heard learned counsels for the parties and in the facts and circumstances on record, the petitioners, named above, are ordered to be

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released on bail 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 learned Additional Sessions Judge-II, Deoghar, in connection with Deoghar Cyber P.S. Case No.03 of 2024 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 and

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ii) the petitioners shall submit self-attested photocopy of their Aadhaar Card and mobile number before the learned court below which he will always keep active and will not change it during pendency of the case without prior permission of the Court

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iii)the petitioners shall report to the concerned police station on 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 non-appearance at the police station, his bail-bond shall be liable to be cancelled. Any exemption to such attendance shall be done so after direction from the learned Court below.

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(Ratnaker Bhengra, J.)

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Abha/-

Subodh Kumar Yadav v. the State of Jharkhand

Case brief

What is this about?

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Subodh Kumar Yadav v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

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