High CourtsSingle Bench

Nizam Ansari vs State Of Jharkhand

Jharkhand High Court · Decided on 3 December 2020 · Citation: (2020) 12 JH CK 0013

HON’BLE JUDGES
Anil Kumar Choudhary, 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 Application No. 9188 Of 2020
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Judgment

19 paragraphs · 364 words

Heard the parties through Video Conferencing.

Learned counsel for the petitioner personally undertakes to remove the defects pointed out by the Stamp Reporter within two weeks after the

lockdown is over.

In view of the personal undertaking given by 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. 45 of 2020 instituted under sections 419, 420, 467, 468, 471,

120B, 34 of the Indian Penal Code read with section 66(B), 66(C ), 66(D ), , 84 (C ) of the I.T. Act.

Learned counsel appearing for the petitioner submits that the allegation against the petitioner is that the petitioner is a cyber criminal and the police on

secret information apprehended the petitioner and seized two SIM and a mobile phone from him. It is then submitted by learned counsel for the

petitioner that the allegation against the petitioner is false. It is further submitted by learned counsel for the petitioner that except confessional

statement, there is no other material in the record to implicate the petitioner in this case. It is next submitted by learned counsel for the petitioner that

the petitioner has been in jail custody since 05.08.2020 and the petitioner is ready and willing to co-operate with the trial of the case and the co-

accused with similar allegations has already been released on bail by this court vide order dated 02.12.2020 passed in BA no. 9019 of 2020 hence, the

petitioner may be released on regular bail.

Learned Addl. P.P. opposes the prayer for regular bail of the petitioner.

Considering the facts of the case, the petitioner is directed to be released 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 CJM, Deoghar in connection with Deoghar Cyber P.S. case no. 45

of 2020 subject to the condition that the petitioner will co-operate with the trial of the case and the petitioner will submit his mobile number with an

undertaking not to change his mobile number during trial of the case.