Munna Mandal vs State Of Jharkhand

Heard the parties through video conferencing. Apprehending his arrest in connection with Deoghar (Cyber) P.S. Case No.03 of 2020 instituted under Sections 419/420/467/468/471/120(B)/34 of the Indian Penal Code and Section 66 (B)/ 66 (C)/ 66 (D)/ 84(C) of Information Technology Act, the petitioner has moved this Court for grant of privileges of anticipatory bail.

Learned counsel appearing for the petitioner submits that allegation against the petitioner is that the petitioner along with other co-accused persons, impersonated himself as bank officer and by using forged SIM cards and mobile handsets, obtained secret information about the ATM password of non-suspecting account holders of the bank and swindled away money from their accounts by using passwords fraudulently and dishonestly so obtained. It is submitted that all the allegations against the petitioner are false. Nothing has been recovered from the conscious possession of the petitioner. Drawing attention of this Court para-2 of the supplementary affidavit, learned counsel for the petitioner submits that the petitioner has no criminal antecedent. It is also submitted that the co-accused, with similar allegations, have already been given the privileges of anticipatory bail by this Court vide order dated 03.03.2020 passed in A.B.A. No.1326 of 2020. It is lastly submitted that the petitioner is ready and willing to co-operate with the investigation of the case and to furnish sufficient security including cash security. Hence, it is submitted that the petitioner be given the privileges of anticipatory bail.

Learned A.P.P appearing for the State opposes the prayer for anticipatory bail of the petitioner.

Considering the submissions of learned counsels and the facts and circumstances stated above, I am inclined to grant privileges of anticipatory bail to the petitioner. Accordingly, the petitioner is directed to surrender in the Court of learned Additional Sessions Judge II, Deoghar within six weeks from today and in the event of his arrest or surrendering, he will be enlarged on bail on depositing Rs.15,000/-(Rupees fifteen thousand) as cash security and on furnishing bail bond of Rs.25,000/- (Twenty five thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge II, Deoghar in connection with Deoghar (Cyber) P.S. Case No.03 of 2020 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 and subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.