Pradeep Kumar Alias Sunny Kumar Vs the State of Jharkhand

IN THE HIGH COURT OF JHARKHAND AT RANCHI B.A. No.4166 of 2024

Pradeep Kumar @ Sunny Kumar, aged about 28 years, son of Ravi Shankar Singh, resident of village Barkagaon, P.O. Barkagaon, P.S. Tarari, District Bhojpur, State Bihar ..... Petitioner

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Versus

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The State of Jharkhand …. Opp. Party

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CORAM: HON’BLE MR. JUSTICE NAVNEET KUMAR

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For the Petitioner : Mr. Rishu Ranjan, Advocate For the State : Mr. Shailendra Kr. Tiwari, Spl. PP

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9/10.09.2024 Heard learned counsel appearing for the petitioner and learned Special P.P. appearing for the State.

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The petitioner is an accused in connection with Cyber Crime P.S. Case No. 37 of 2023, registered under Sections 419, 420, 467, 468, 471 and 120-B of Indian Penal Code and Sections 66(B), 66(C) and 66(D) of the Information Technology Act on 12.06.2023.

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It is submitted on behalf of the petitioner that as per the allegations set out in the FIR is that the petitioner along with co-accused persons has committed fraud by withdrawing a sum of Rs.12,56,959/- from the account of the informant, which was transferred later on to the various accounts.

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It is submitted that in fact Rs.7,10,000/- has been transferred but later on, it was retained in the account of the petitioner to a sum of Rs.1,50,000/as evident from various paras of the case diary and he is in custody since 24.01.2024.

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It is further submitted that the charge-sheet in this case has been submitted and therefore the possibility of tampering with the evidence is very report and therefore, the petitioner deserves to be enlarged on bail.

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On the other hand, learned Special PP appearing on behalf of the State opposed the contentions raised on behalf of the petitioner and submitted that at the first instance, out of total forged amount of Rs.12,56,959/-, a sum of Rs.7,10,000/- was transferred in the account of this petitioner in the Bank of Baroda account number 44280100013862 and the mobile number and AADHAR Card, which were linked with the said account, have been recovered and seized during the course of the investigation, substantiating the allegation against the petitioner.

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R.Kumar

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Further it is submitted that this petitioner is involved in a huge amount of cyber fraud of Rs.12,56,959/- and the charge has also not framed in this case.

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Further, it has also been submitted that the Petitioner is a man of criminal history and he is an accused in Bojpur PS case No. 15 of 2016 wherein the allegation of offence under Section 392 of IPC has been made out.

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Further, it has also been pointed out that there are ample evidence against this petitioner of cyber-crime, which is evident from paragraphs 20, 25, 29, 30, 33, 36, 42, 47, 56 to 59, 62, 63, 88, 91, 93, 126, 131 and 145 of the case diary and therefore he does not deserve to be enlarged on bail at this stage of this case.

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Having heard learned counsels for the parties, perused the record of this case.

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Having taken into consideration the persuasive submissions advanced by learned APP appearing on behalf of the State, the prayer for grant of bail of the petitioner is hereby rejected at this stage.

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(Navneet Kumar, J.)

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Pradeep Kumar Alias Sunny Kumar v. the State of Jharkhand

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Pradeep Kumar Alias Sunny Kumar v. the State of Jharkhand

Case brief

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