Krishna Kumar Yadav @ Krishna Yadav vs State Of Jharkhand

Heard, learned counsel for the petitioner, Mr. Ankit Kumar. Petitioner, Krishna Kumar Yadav @ Krishna Kumar has renewed his prayer of regular bail in connection with Deoghar (Cyber) P.S. Case No. 26/2020 for the offence registered under Sections 419, 420, 467, 468, 471, 120B/34 IPC and Sections 66(B), 66(C), 66(D) and 84(C) of the Information Technology Act.

Learned counsel for the petitioner has submitted that petitioner has prayed for regular bail on the ground that earlier the prayer for bail of the petitioner was rejected by this Court on 03.11.2020 passed in B.A. No.5895/2020 along with other analogous matter of Raju Mandal in B.A. No.5878/2020 and Dinesh Kumar Mandal @ Dinesh Kumar in B.A. No.7078/2020 but pursuant thereto, a Coordinate Bench of this Court has granted bail to other co-accused, Ajeet Mandal and Chetlal Mandal vide order dated 18.12.2020 passed in B.A. No.10798/2020 and Lalu Kumar @ Virat Kumar Mandal @ Lallu Kumar Mandal vide order dated 11.01.2021 passed in B.A. No. 11473 of 2020.

Learned counsel for the petitioner has submitted that parity demands that this petitioner may also be granted bail as other co- accused persons have been granted bail.

From perusal of the earlier order passed by this Court in B.A. No. 5895/2020, it appears that this petitioner has been remanded in two other cases i.e. Deoghar Cyber P.S. Case No.25/2020 and Special Cell Delhi P.S. Case No.113/2020 after his arrest in the present case on 16.05.2020.

This Court while passing order in B.A. No. 5895/2020 has given a reasoning, which is reproduced hereunder:-

"Considering the rival submissions of the parties and looking into the facts and circumstances of the case as there is ample material against the petitioner with regard to incriminating articles recovered from the possession of the petitioner and considering involvement of the petitioner in cheating the victim whose statement has been recorded in different paras of the case diary, this Court is not inclined to grant bail to the petitioner."

Learned counsel for the State appearing for the Cyber Crime has submitted that apart from such huge number of incriminating articles recovered from the possession of the petitioner, the Police has also recorded the statements of several persons, who have been cheated by this petitioner as their money has been transferred by e-wallet. The statement of the victim, Sarad Bhoir has been recorded at paragraph- 145 of the case diary, wherein he has alleged that amount of Rs.2,37,000/- has been cheated by this petitioner, for which he has lodged an F.I.R. vide Wada P.S. Case No.0343/2019.

Learned counsel for the State appearing for the Cyber Crime has further submitted that statement of another victim Virendra Kumar has been recorded at para-146 of the case diary, wherein it has been alleged that this petitioner has cheated him with amount of Rs.15,000/-.

Learned counsel for the State appearing for the Cyber Crime has thus submitted that he has filed counter affidavit alleging specifically at paras-7,8,9,12,13,14,15 & 16 of the counter affidavit, as such, this petitioner may not be enlarged on bail.

Considering such rival submission of the parties and looking into the fact and circumstances as there is ample material against the petitioner with regard to incriminating articles recovered from possession of the petitioner and there is direct material collected by the police with regard to his involvement in such cyber crime, this Court is again not inclined to grant bail to the petitioner.

Accordingly, the prayer for bail of the petitioner is hereby rejected.

The Trial Court is directed to expedite the trial.