Bail application by an accused in a cyber fraud case where SIM cards and mobile phones were recovered from the raided premises. The court considered the nature of allegations and declined bail.
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IN THE HIGH COURT OF JHARKHAND AT RANCHI
B.A. No. 98 of 2024
Sumarit Kumar Mandal … Petitioner - Versus - The State of Jharkhand ... … Opposite Party ------ CORAM: - HON’BLE MR. JUSTICE AMBUJ NATH ----For the Petitioner : Mr. Mukesh Kr. Dubey, Advocate For the State : Mr. Shailendra Kr. Tiwari, Spl.P.P. ---
05/18.03.2024
Heard the parties.
The petitioner has been made accused in connection with Jamshedpur Cyber Crime P.S. Case No.71 of 2023, for the offences registered under Sections 419, 420, 467, 468, 469, 471, 34 of the Indian Penal Code and Sections 66(C), 66(D) of the I.T. Act, pending in the court of learned A.D.J.-II, Jamshdepur.
On 28.11.2023, Cyber police Jamshdepur received confidential information from Govindpur Parsudih police that mobile no.9123896523 was being used for committing cyber offence. Cyber police, Jamshedpur obtained the location of this mobile phone and on the basis of the same, house No.23, Subhash Nagar Chhota Govindpur Near Dayal City P.O. Gadra P.S. Parsudih, Jamshedpur was raided. The petitioner was apprehended from there and on search 32 SIM cards and ten mobile phones including the mobile phone which was being used for committing cybercrime were recovered from the place of occurrence.
It was submitted that place from where the petitioner was apprehended does not belong to the petitioner and nothing was recovered from possession of the petitioner. It was further submitted that petitioner has got no criminal antecedent and charge has already been framed in this case.
Considering the nature of allegation; I am not inclined to release the petitioner, on bail. Accordingly, his prayer for bail stands rejected at this stage.
(Ambuj Nath, J.)
Jay/-
1 issue framed by the court
Whether the petitioner accused of cyber fraud offences with recovery of SIM cards and mobile phones should be released on bail.
2 provisions across 2 enactments
Sumarit Kumar Mandal
The State of Jharkhand
Ambuj Nath
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
