High CourtsSingle Bench

Aszad Raza @ Aszad Raja vs State Of Jharkhand

Jharkhand High Court · Decided on 11 February 2021 · Citation: (2021) 02 JH CK 0113

HON’BLE JUDGES
Anil Kumar Choudhary, J
ACTS & SECTIONS REFERRED
Indian Penal Code, 1860 — Section 354(D) · Information Technology Act, 2000 — Section 67(A)(B) · Protection Of Children from Sexual Offences Act, 2012 — Section 12
RESULT
Allowed
CASE NUMBER
Bail Application No.1031 Of 2021
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Judgment

20 paragraphs · 409 words

Heard the parties through video conferencing.

Learned counsel for the petitioner undertakes to remove the defects pointed out by the stamp reporter within two weeks after the lockdown is over.

In view of personal undertaking given by the learned counsel for the petitioner, the defects pointed out by the stamp reporter are ignored for the

present.

The petitioner has been made accused in connection with Jamtara Cyber Crime P.S. Case No. 05 of 2020 registered under sections 354(D) of the

Indian Penal Code and Section 67(A)(B) of I.T. Act and Section 12 of POCSO Act.

Learned counsel for the petitioner submits that the allegation against the petitioner is that the petitioner outraged the modesty of the minor victim girl

and posted obscene messages along with the photographs of the informant on the internet through social media. It is submitted that the allegation

against the petitioner is false. It is next submitted that the said social media account of the petitioner was hacked by another person and thereafter

obscene comments were sent to the sister of the petitioner but the petitioner has never passed any such obscene comments. It is further submitted

that the petitioner undertakes that he will not annoy or disturb the informant or any of his family members in any manner during the pendency of the

trial and also undertakes that he will not make any posting in any social media during the pendency of the trial. It is then submitted that the petitioner

undertakes to co-operate with the trial of the case. It is lastly submitted that the petitioner has been in custody since 16.12.2020 as mentioned in

paragraph 12 of the bail application. Hence it is submitted that the petitioner be released on bail.

Learned Addl. P.P. opposes the prayer for bail.

Considering the facts of this case, the above named 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 learned Addl. Sessions Judge-I, Jamtara in connection with Jamtara

Cyber Crime P.S. Case No. 05 of 2020 with the condition that he will co-operate with the trial of the case and he will not annoy or disturb the

informant or any of his family members in any manner during the pendency of the trial and also undertakes that he will not make any posting in any

social media during the pendency of the trial.