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Mantu Kumar Das vs State of Jharkhand

Jharkhand High Court · Decided on 5 August 2020 · Citation: (2020) 08 JH CK 0157

HON’BLE JUDGES
Deepak Roshan, J
ACTS & SECTIONS REFERRED
Indian Penal Code, 1860 — Section 34, 120B, 419, 420, 467, 468, 471 · Information & Technology Act, 2000 — Section 66(B), 66(C), 66(D), 84(C)
RESULT
Allowed
CASE NUMBER
Bail Appeal No. 4238 of 2020
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Judgment

8 paragraphs · 368 words
1.

Heard learned counsel for the parties through V.C.

2.

Learned counsel for the petitioner undertakes to remove the defects as pointed out by the Registry.

3.

The instant application has been preferred by the petitioner for grant of regular bail in connection with Deoghar (Cyber) P.S. Case No. 09 of 2020 registered under Sections 419, 420, 467, 468, 471 and 120B/34 of the Indian Penal Code and Sections 66(B), 66(C), 66(D) and 84(C) of the Information & Technology Act, pending in the court of learned Chief Judicial Magistrate, Deoghar.

4.

Learned counsel for the petitioner submits that co- accused, namely Saurabh Kumar having same and similar allegation has been granted bail by this court in B.A. No. 3749 of 2020. He further submits that the petitioner is having no criminal antecedent and the mobile phones which have been recovered belong to him and his mother and this fact has been stated in paragraph 7 of the petition. He concluded his argument by submitting that for no offence the petitioner is lying in jail custody since 17.2.2020.

5.

Learned A.P.P. for the State though opposed the prayer for bail, but he fairly admitted that the co-accused having similar allegation has been granted bail by this court.

6.

In view of the aforesaid facts and circumstances of the case, the petitioner is directed to be released on bail. At present the petitioner shall be released on furnishing personal bail bond of Rs.5,000/- (Five thousand only), thereafter when the lockdown period is over, the petitioner shall furnish bail bond of Rs.10,000/- (ten thousand only) 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. 09 of 2020 within a period of one month from the date of lifting of lockdown.

7.

The petitioner shall appear on each and every date during trial before the learned trial court whenever the functioning of regular court begins. Till then, the petitioner shall register his presence before the concerned police station fortnightly, failing which the learned trial court shall be at liberty to cancel his bail.

8.

With the aforesaid directions this bail application is allowed and disposed of.