Lobin Hansda Vs the State of Jharkhand — Anticipatory Bail | Jharkhand HC (2025)

Lobin Hansda Vs the State of Jharkhand — Anticipatory Bail | Jharkhand HC (2025)

What the court decided

AI extract

Outcome

Anticipatory bail granted: petitioner to be released on bail upon arrest or surrender within six weeks, on cash security of Rs. 10,000/- and bail bond of Rs. 25,000/- with two sureties of the like amount each, to the satisfaction of the learned Special Judge (Cyber Crime), Jamshedpur, in connection with Bahragora P.S. Case No. 70 of 2024, subject to conditions including co-operation with investigation, furnishing mobile number and Aadhar Card copy, no change of mobile number, no social media posting, not disturbing the informant, and conditions under Section 482(2) BNSS, 2023.

Issue for consideration

Whether the petitioner, apprehending arrest in Bahragora P.S. Case No. 70 of 2024 (sections 351(2)/352 B.N.S., 2023 and Section 67 I.T. Act), is entitled to the privilege of anticipatory bail.

Court's answer

Considering the submissions of the counsels and the facts discussed, the Court held it is a fit case where the petitioner be given the privilege of anticipatory bail.

Ratio / Principle

In the event of arrest or surrender within six weeks, the petitioner is to be released on bail on cash security of Rs. 10,000/- and bail bond of Rs. 25,000/- with two like sureties to the satisfaction of the learned Special Judge (Cyber Crime), Jamshedpur, subject to conditions: co-operation with investigation, appearance before the investigating officer as noticed, furnishing mobile number and Aadhar Card copy with an undertaking not to change the mobile number, no social media posting during the pendency of the case, not annoying or disturbing the informant, and the conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.

Detailed headnote1 paragraphs

Anticipatory bail — High Court of Jharkhand granted pre-arrest bail to a 19-year-old college-going student apprehending arrest in Bahragora P.S. Case No. 70 of 2024, registered under sections 351(2)/352 of the B.N.S., 2023 and Section 67 of the I.T. Act, on the allegation that he made an obscene photograph of the informant viral — petitioner contended the alleged mobile number did not belong to him and undertook to furnish cash security, cooperate with investigation, make no social media postings and not disturb the informant — held a fit case for anticipatory bail: release on bail on arrest or surrender within six weeks on cash security of Rs. 10,000/- and bail bond of Rs. 25,000/- with two like sureties, to the satisfaction of the learned Special Judge (Cyber Crime), Jamshedpur, subject to conditions including co-operation with investigation, furnishing mobile number and Aadhar Card copy with an undertaking not to change the mobile number, no social media posting during pendency, not annoying the informant, and conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.

IN THE HIGH COURT OF JHARKHAND AT RANCHI

A.B.A. No. 313 of 2025

Lobin Hansda, aged about 19 years, son of late Matal Hansda, Vill-Lodhna Shole, P.O.-Katushol, P.S.-Baharagora, Dist.-East Singhbhum, Jharkhand … Petitioner

Versus The State of Jharkhand … Opposite Party

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CORAM: HON’BLE MR. JUSTICE ANIL KUMAR CHOUDHARY

For the Petitioner : Mr. P.AS. Pati, Advocate For the State : Mrs. Nehala Sharmin, Spl. P.P.

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Order No.02 Dated- 23.01.2025

Heard the parties.

Apprehending his arrest, the petitioner has moved this Court for grant of privilege of anticipatory bail in connection with Bahragora P.S. Case No.70 of 2024 registered under sections 351(2)/352 of the B.N.S., 2023 and under Section 67 of I.T. Act.

The Learned counsel for the petitioner submits that the allegation against the petitioner is that the petitioner has made obscene photograph of the informant viral; consequent upon the informant stopped talking to him. It is further submitted that the allegations against the petitioner are all false and the petitioner is a college going student aged 19 years and only son of his mother. It is then submitted that the alleged mobile number from which allegedly the photographs were made viral, does not belong to the petitioner and admittedly the informant is a married lady and was still having relationship with the petitioner. It is then submitted that the petitioner undertakes to furnish sufficient security including cash security and also undertakes to cooperate with the investigation of the case and further undertakes that he will not make any posting in any social media during the pendency of the case nor he will annoy or disturb the informant in any manner during the pendency of the case. Hence, it is submitted that the petitioner be given the privilege of anticipatory bail.

Learned Spl. P.P. opposes the prayer for grant of anticipatory bail.

Considering the submissions of the counsels and the fact as discussed above, I am of the opinion that it is a fit case where the abovenamed petitioner be given the privilege of anticipatory bail. Hence, in the event of his arrest or surrender within a period of six weeks from the date of this order, he shall be released on bail on depositing cash security of Rs. 10,000/- and on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge (Cyber Crime), Jamshedpur, in connection with Bahragora P.S. Case No.70 of 2024 with the condition that he will co-operate with the investigation of the case and appear before the investigating officer as and when noticed by him and furnish his mobile number and photocopy of the Aadhar Card with an undertaking that he will not change his mobile number during the pendency of the case with further condition that he will not make any posting in any social media during the pendency of the case nor he will annoy or disturb the informant in any manner and further conditions as laid down under Section 482 (2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.

(Anil Kumar Choudhary, J . )

Sonu/Gunjan-