High CourtsSingle Bench(2021) 01 JH CK 0039

Suresh Pandit vs State Of Jharkhand

Jharkhand High Court · Decided on 5 January 2021

HON’BLE JUDGES
Anil Kumar Choudhary, J
RESULT
Allowed
CASE NUMBER
Bail Application No. 10368 Of 2020

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Judgment

18 paragraphs · 343 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 Barkatha P.S. case no. 130 of 2020 instituted under sections 420 of the Indian Penal Code

and section 66(C)/ 67 of the I.T. Act.

Learned counsel appearing for the petitioner submits that the allegation against the petitioner is that the petitioner used to post obscene photographs of

girls on a website for providing services of girl and he was collecting and receiving money by Digital transfer. 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 there is no allegation

against the petitioner of cheating anybody and in the absence of any material to suggest as to which lascivious material appealing to the prurient

interest has been published by the petitioner, the offence punishable under section 67 of the Information Technology Act is not made out. It is further

submitted by learned counsel for the petitioner that the petitioner has been in jail custody since 24.08.2020 as mentioned in paragraph 15 of the bail

application and the petitioner is ready and willing to co-operate with the trial of the case hence, the petitioner may be released on regular bail.

Learned Addl. P.P. opposes the prayer for 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 J.M., 1st class, Hazaribag in connection with Barkatha P.S. case

no. 130 of 2020 subject to the condition that the petitioner will co-operate with the trial of the case.