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Judgment
22 paragraphs · 457 wordsHeard 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 Deoghar Cyber P.S. Case No.69 of 2020 registered under Sections 419, 420, 467, 468, 471,
120(B), 34 of the Indian Penal Code and Section 66 (B), 66 (C), 66 (D) and 84 (C) of the Information Technology Act.
Learned counsel for the petitioner submits that the allegation against the petitioner is that the petitioner is an infamous cyber-criminal and from his
possession six mobile phones with SIM Cards, three ATM Cards and one Scorpio vehicle have been recovered and petitioner by committing cyber-
crime, has cheated Ram Hari Mina, Raghuwar Chaupal and Anand Babu. It is submitted that the allegation against the petitioner is false. It is further
submitted that no incriminating article has been recovered from the petitioner. It is then submitted that the petitioner is ready and willing to co-operate
with the trial of the case and undertakes to pay ad interim victim compensation of Rs.12,000/- i.e. in shape of three demand drafts out of which one of
Rs.7,000/- drawn in favour of Ram Hari Mina another of Rs.1,000/- drawn in favour of Raghuwar Chaupal and last one of Rs.4,000/- drawn in in
favour of Anand Babu without prejudice to his defence in this case. It is lastly submitted that the petitioner has been in custody since 25.10.2020
which is evident from para-11 of the instant bail application. Hence it is submitted that the petitioner be released on bail.
Learned Spl. 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 depositing three demand drafts out of which one of
Rs.7,000/- drawn in favour of Ram Hari Mina another of Rs.1,000/- drawn in favour of Raghuwar Chaupal and last one of Rs.4,000/- drawn in favour
of Anand Babu as ad interim victim compensation without prejudice to his defence in this case 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 Chief Judicial Magistrate, Deoghar in connection with
Deoghar Cyber P.S. Case No.69 of 2020 with the condition that he will co-operate with the trial of the case.
In case the petitioner deposits the said demand drafts, the court below is directed to collect the detailed postal addresses of the aforesaid victims and
send the demand drafts through speed post to them.
