Allowed

Md. Afroz Ansari Alias Afroz Ansari v. the State of Jharkhand

Jharkhand HC20 Sept 2024B.A./5254/2024

Case brief

AI extract

What is this about?

Regular bail application by an 18-year-old accused in a Deoghar cyber crime FIR under IPC and Information Technology Act offences involving withdrawal of Rs.11,224 from a victim via call. Court noted no criminal history, charge-sheet submitted and parity with an enlarged co-accused, and allowed bail on conditions of cooperation and trial attendance.

What did the court decide?

Petitioner enlarged on bail on furnishing bond of Rs.25,000 with two like sureties, subject to cooperation in proceedings and attendance at trial.

Md. Afroz Ansari Alias Afroz Ansari Vs the State of… — Cheating and Forgery | Jharkhand HC (2024)

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IN THE HIGH COURT OF JHARKHAND AT RANCHI B.A. No. 5254 of 2024

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Md. Afroz Ansari @ Afroz Ansari, aged about 18 years, son of Md. Anamulahak, resident of Village Dudhani, P.O. Karnjo, P.S. Margomunda, District Deoghar, Jharkhand ... … Petitioner

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Versus

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The State of Jharkhand … … Opposite Party ------- CORAM : HON’BLE MR. JUSTICE NAVNEET KUMAR

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-----For the Petitioner : Mr. Arvind Kumar Choudhary, Advocate For the State : Mr. Shiv Shankar Kumar, A.P.P. --------

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Order No. 07/ Dated 20^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. 51 of 2024, registered under Sections 419, 420, 467, 468, 471 & 120-B of the Indian Penal Code read with Sections 66(B), 66(C), 66(D) & 84 (C) of the Information Technology Act, pending in the Court of Learned Additional Sessions Judge-II-Cum-Special Judge, Cyber Crime, Deoghar.

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It is submitted on behalf of the petitioner that gist of the allegations as set out in the F.I.R. is that the petitioner along with the coaccused person has committed cybercrime and the petitioner is said to have made a call to the victim and thereby withdrew the money to the tune of Rs.11,224/-. It is submitted on behalf of the petitioner that the entire allegations against this petitioner gets falsified in view of the fact that from para 57 of the case diary, it is found that mobile number used by this petitioner was 7865978372 but the mobile number of this sim number has not been recovered from the possession of this petitioner as evident from seizure list of this petitioner which is evident from para 7 of the case diary. Further it has been pointed out that the similarly situated co-accused person namely Jitendra Kumar is said to have been enlarged on bail by the co-ordinate bench of this Court vide B.A. No.5756 of 2024 dated 01.08.2024. Further, it has also been submitted that this petitioner has no

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criminal history as evident from para 16 of the bail application and this petitioner is in jail since 20.04.2024. Charge-sheet in this case has been submitted and possibility of tampering the evidence is very remote and therefore he 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 stating that counter-affidavit has been filed in this case and there is confessional statement of this petitioner by which he has confessed his guilt as evident from para 12-15 of the case diary. Further, it has been submitted that involvement of the petitioner is evident from para 49 of the case diary where there is a C.D.R. report but learned APP did not deny this fact that similarly situated co-accused person namely Jitendra Kumar has been enlarged on bail by the coordinate bench of this Court and also did not controvert this fact that this petitioner has no criminal history.

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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-CumSpecial Judge, Cyber Crime, Deoghar, in connection with Deoghar (Cyber) P.S. Case No. 51 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.5254 of 2024

Md. Afroz Ansari Alias Afroz Ansari v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

Md. Afroz Ansari Alias Afroz Ansari v. the State of Jharkhand

Case brief

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What did the court decide?

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