Regular bail application under IPC cheating, forgery and IT Act offences. The court found nothing in the case diary showing the recovered phone was used for cheating and granted bail on a Rs.20,000 bond with two like sureties.
Petitioner directed to be released on bail on furnishing bail bond of Rs.20,000 with two sureties of like amount.
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IN THE HIGH COURT OF JHARKHAND AT RANCHI B.A. No. 653 of 2024
Md. Barik Ansari … Petitioner - Versus - The State of Jharkhand ... … Opposite Party
CORAM: - HON’BLE MR. JUSTICE AMBUJ NATH
For the Petitioner : Mr. Sujit Kumar Singh, Advocate For the State : Mr. Navin Kumar Ganjhu, A.P.P. ---
05/13.05.2024
Heard the parties.
Petitioner has been made accused in connection with Gandey P.S. Case No. 94 of 2023, for the offences registered under sections 201/411/414/419/420/467/468/471 of the I.P.C. and Sections 66(B), 66(C), 66(D) of the Information Technology Act, pending in the court of learned Additional Sessions Judge-II-cum-Special Judge, Cyber Crime, Giridih.
On 18.11.2023, Gandey police received information that mobile phone no.9038412855 against which 14 complaints have been made in cyber crime reporting portal was active in the house of petitioner Md. Barik Ansari. House of Md. Barik Ansari was raided, he alongwith other accused persons were apprehended and several mobile phones were recovered. However, the mobile phone which was subject matter of this case was not recovered from their possession.
There is nothing in the case diary that mobile phone which was recovered from the possession of the petitioner was used in cheating anyone.
Mr. Navin Kumar Gaunjhu, learned A.P.P. has opposed the prayer for bail but does not dispute the aforesaid fact.
Considering the aforesaid facts, I am inclined to release the petitioner, on bail. Accordingly, the petitioner, named above, is directed to be released on bail on furnishing bail bond of Rs.20,000/-(Rupees Twenty Thousand) with two sureties of the like amount each, to the satisfaction of learned Additional Sessions Judge-II-cum-Special Judge, Cyber Crime, Giridih in connection with Gandey P.S. Case No. 94 of 2023.
(Ambuj Nath, J.)
Jay/-
1 issue framed by the court
Whether the petitioner should be released on bail in a cyber crime case where the recovered mobile phone was not shown to have been used in cheating.
2 provisions across 2 enactments
Md. Barik Ansari
The State of Jharkhand
Ambuj Nath
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
