Rajesh Mandal vs State of Jharkhand

Heard, learned counsel for the petitioner, Mr. Rahul Ranjan. Learned counsel for the petitioner has submitted that defect nos. 9 (i) to (iv), as per Stamp Reporting dated 26.08.2020, have not been removed, which he undertakes to remove within 30 days after the physical court starts and the bail application may be heard, as it is a regular bail application of the petitioner and petitioner is in custody since 12.06.2020.

Considering the same, this Court is inclined to hear the instant bail application on merits, but with condition that petitioner shall remove the defect(s) within 30 days after physical court starts.

Joint Registrar (Judicial) is directed to ensure the compliance of this order after the physical court starts so as to remove the defect(s).

Learned counsel for the petitioner has submitted that the petitioner has prayed for grant of regular bail in connection with Giridih Cyber P.S. Case No. 10/2020 for the offence registered under Sections 413, 414, 419, 420, 467, 468, 471, 120(B) I.P.C. and Sections 66 (B), 66 (C), 66 (D) of the Information Technology Act.

Learned counsel for the petitioner has submitted that F.I.R. has been lodged against 12 named accused persons; co-accused, Rupesh Kumar Mandal has preferred B.A. No.5439/2020 and petitioner is in custody since 12.06.2020 and there is no legal material against the petitioner to connect him with the alleged offence, as such, petitioner may be enlarged on bail.

Learned counsel for the State, Mr. Shailendra Kumar Tiwari, Special Public Prosecutor for Cyber Crime has opposed the prayer for bail and has submitted that it would be proper if the bail applications of all the co-accused arising out of Giridih Cyber P.S. Case No.10/2020 be heard together as it is a case of cyber crime.

Considering the submission of both the parties, State Counsel is directed to file detail counter affidavit within a period of four weeks with regard to material regarding transaction of money, recovery of article from the petitioner and criminal antecedent of the petitioner.

Office is directed to place this bail application after four weeks alongwith other bail applications arising out of Giridih Cyber P.S. Case No. 10/2020.