Ajay Mandal Vs the State of Jharkhand — Jharkhand HC (2024) — LawSathi Research

Ajay Mandal Vs the State of Jharkhand — Jharkhand HC (2024) — LawSathi Research

What the court decided

AI extract

Outcome

Release of petitioner on bail on furnishing bail bonds of Rs. 20,000/- (Rupees twenty thousand) 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. 21 of 2023.

Issue for consideration

Whether petitioner Ajay Mandal, accused in Deoghar Cyber P.S. Case No. 21 of 2023, should be released on bail where, apart from recovery of mobile phones from his possession, nothing on record shows his indulgence in cyber-crime and no victim statement implicating him has been recorded. +1 more

Court's answer

Considering the facts and submissions, the Court directed release of petitioner Ajay Mandal on bail on furnishing bail bonds of Rs. 20,000/- (Rupees twenty thousand) 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. 21 of 2023.

Detailed headnote1 paragraphs

Bail granted (High Court of Jharkhand at Ranchi, B.A No. 5447 of 2023, Hon'ble Mr. Justice Ambuj Nath, order dated 09.02.2024). Petitioner Ajay Mandal, accused in Deoghar Cyber P.S. Case No. 21 of 2023 under sections 419/420/467/468/471/120(B) IPC and sections 66(B), 66(C), 66(D), 84(C) of the Information Technology Act, was apprehended on 06.04.2023 when cyber police, Deoghar raided Uma Bhawan near Hindi Vidyapeeth and detained six accused persons, recovering mobile phones, electronic gadgets, cheque books and several SIM cards. Learned counsel argued that apart from recovery of mobile phones nothing on record showed the petitioner's indulgence in cyber-crime, no victim had come forward, and co-accused Sahdeo Mandal had already been granted bail by a Coordinate Bench vide B.A. No. 5122 of 2023 (order dated 08.08.2023), the petitioner standing on similar footing. The Court directed release on bail on furnishing bail bonds of Rs. 20,000/- with two sureties of the like amount each, to the satisfaction of learned Additional Sessions Judge-II, Deoghar.

IN THE HIGH COURT OF JHARKHAND AT RANCHI B.A No. 5447 of 2023

Ajay Mandal ----Petitioner Versus The State of Jharkhand ----Opp. Party --CORAM: Hon’ble Mr. Justice Ambuj Nath ---

For the Petitioner: Mr. Rahul Ranjan, Advocate For the O.P-State: None

09 / 09.02.2024 Heard the parties.

Petitioner has been made accused in connection with Deoghar Cyber P.S. Case No. 21 of 2023 for the offences registered under sections 419/ 420 / 467 / 468 / 471 / 120(B) of the Indian Penal Code and sections 66(B), 66(C), 66(D) and 84 (C) of Information Technology Act, pending in the court of learned Additional Sessions Judge-II, Deoghar.

On 06.04.2023 on the basis of confidential information, cyber police, Deoghar raided Uma Bhawan situated near Hindi Vidyapeeth and apprehended six accused persons including the petitioner.

On search, mobile phones and electronic gadgets were recovered along with the cheque books and several SIM Cards. It is alleged that the accused persons had assembled for committing cyber-crime.

Case diary earlier called for, has been received.

No body appears on behalf of the State.

Learned counsel for the petitioner submitted that apart from the fact that mobile phones were recovered from his possession, there is noting on the record to show that he is indulged in cyber crime. Prosecution has not recorded the statement of any victim who has come forward to say that the petitioner had duped him. It was finally submitted that co-accused Sahdeo Mandal who was arrested at the spot has been granted bail by a Coordinate Bench of this Court vide B.A. No. 5122 of 2023 by order dated 08.08.2023 and the case of this petitioner stands on similar footing.

Considering the aforesaid facts, petitioner, above named, is directed to be released on bail on furnishing bail bonds of Rs. 20,000/- (Rupees twenty thousand) 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. 21 of 2023.

(Ambuj Nath, J)

Ranjeet/