Uttam Kumar Das Vs the State of Jharkhand

IN THE HIGH COURT OF JHARKHAND AT RANCHI B.A. No. 3621 of 2024

Uttam Kumar Das, aged about 23 years, son of Bhuneshwar Das, resident of village Gonaiya, P.O.&P.S. Pathrol, District Deoghar

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... … Petitioner

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Versus The State of Jharkhand … … Opposite Party

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CORAM : HON’BLE MR. JUSTICE NAVNEET KUMAR

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-----For the Petitioner : Mr. Ankit Kumar, Advocate For the State : Mr. Rajesh Kumar, A.P.P. --------

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Order No. 03 / Dated 11^th September, 2024

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Heard learned counsel for the petitioner and the learned A.P.P. appearing on behalf of the State.

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The petitioner is an accused in connection with Deoghar (Cyber) P.S. Case No. 09 of 2024, registered under Sections 419, 420, 467, 468, 471, 120B of the Indian Penal Code and Sections 66(B), 66(C), 66(D) and 84 (C) of the Information & Technology Act , pending in the Court of Learned Additional Sessions Judge-II, Deoghar.

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It is submitted on behalf of the petitioner that as per the allegation set out in the F.I.R., petitioner along with co-accused person used to commit cyber crime with the innocent customers. It is submitted that similarly situated co-accused person namely Bhim Das has been enlarged on bail vide B.A. No. 3622 of 2024 dated 02.08.2024. It is submitted that he is in jail since 10.02.2024 and charge in this case has been framed and therefore possibility of tampering the evidence is very remote. It has also been pointed out that one victim namely Deepak Nauriyal from whose account a sum of Rs.2651 was debited by committing cyber crime by this petitioner but the same amount was not transferred in the account of the petitioner. Further it has been submitted that the co-accused person namely Bhim Das who has been enlarged on bail has also committed cyber crime by cheating a sum of Rs. 44,580/- from the account of the victim but he has been enlarged on bail by a co-ordinate bench of this Court. Further, it is submitted that there is no criminal history against this petitioner as stated in

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para 9 of the bail application and in this view of the matter, the petitioner deserves to be enlarged on bail.

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On the other hand, the learned A.P.P. appearing on behalf of the State has opposed the contentions raised on behalf of the petitioner and submitted that this petitioner is involved in the cyber crime and there is one victim in this case from whose account a sum of Rs. 2651/- has been debited and therefore he does not deserve to be enlarged on bail but did not controvert this fact that similarly situated co-accused person namely Bhim Das who has been enlarged on bail vide B.A. No. 3622 of 2024 dated 02.08.2024 has also committed cyber crime by cheating a sum of Rs. 44,580/- from the account of the victim but he has been enlarged on bail.

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Having heard the parties, perused the records of this case. 6. In light of the forceful submission advanced on behalf of the petitioner and under the facts and circumstances of this case, this petitioner is directed to be enlarged on bail on furnishing bail bond of Rs.25,000/(Rupees Twenty-five thousand) with two sureties of the like amount each to the satisfaction of the Court of Learned Additional Sessions Judge-II, Deoghar, in connection with Deoghar (Cyber) P.S. Case No. 09 of 2024, subject to the condition that the petitioner will cooperate in the criminal proceeding pending in the learned Trial Court and he will remain present on each and every date of the criminal trial as and when required, failing which, appropriate order shall be passed by the learned Court below for the cancellation of the bail as per the provision of law.

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(Navneet Kumar, J.)

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Basant/S. Das

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2 B.A. No.3621 of 2024

Uttam Kumar Das v. the State of Jharkhand

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Uttam Kumar Das v. the State of Jharkhand

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