Vishal Kumar vs State Of Jharkhand

Heard, learned counsel for the petitioner, Mr. Rahul Ranjan. Learned counsel for the petitioner has submitted that defect nos. 4, 5(e) and 9 (i) to (vi), as per Stamp Reporting dated 25.08.2020, 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 Deoghar Cyber P.S. Case No. 36/2020 for the offence registered under Sections 419, 420, 467, 468, 471, 120(B), 34 I.P.C. and Sections 66 (B), 66 (C), 66 (D) & 84 (C) of the Information Technology Act.

Learned counsel for the petitioner has submitted that two sets of mobile phones with SIM Card, UCO Bank ATM Card and 03 Union Bank Passbook have been recovered from the possession of the petitioner though, petitioner has no criminal antecedent, as such, petitioner, who is in custody since 12.06.2020, may be enlarged on bail.

Learned counsel for the State, Mr. Shailendra Kumar Tiwari, Additional Public Prosecutor has opposed the prayer for bail and has submitted that this is a case of cyber crime, as such, counter affidavit is necessary.

Learned counsel for the State has further submitted that there are 11 accused persons named in the F.I.R., as such, all the applications arising out of Deoghar Cyber P.S. Case No.36/2020 may be heard together.

Considering the submission of both the parties, State Counsel is directed to file detail counter affidavit within a period of four weeks including material collected by the Investigating Officer about transfer of money apart from his criminal antecedent and other legal material collected during investigation.

Office is directed to place this bail application after four weeks alongwith other bail applications arising out of Deoghar Cyber P.S. Case No. 36/2020.