B.A./13074/2021 of RABINDRA DAS Vs THE STATE OF JHARKHAND on 23 December 2021

IN THE HIGH COURT OF JHARKHAND AT RANCHI B.A.No. 13350 of 2021 (Abdul Ansari Versus The State of Jharkhand) With B.A.No. 13074 of 2021 (Rabindra Das Versus The State of Jharkhand)

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CORAM: HON’BLE MR. JUSTICE SUBHASH CHAND ---------- For the petitioner : Mr. Shahid Yunus, Advocate (in B.A. No. 13350 of 2021) For the petitioner : Mr. Pramod Kr. Jha, Advocate (in B.A. No. 13074 of 2021)

For the State : Mr. Shailendra Kr. Tiwari, Spl.P.P. (In both the cases)

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04/ 23.12.2021

Bail Application No. 13350 of 2021 is on behalf of applicant Abdul Ansari and Bail Application No. 13074 of 2021 is on behalf of applicant Rabindra Das with a prayer to release them on bail in case crime being Deoghar (Cyber) P.S. Case No. 63 of 2021, (District- Deoghar), registered for the offence under Sections 419, 420, 467, 468, 471, 120B of the Indian Penal Code and Sections 66(B), 66(C), 66 (D) and 84(C) of the I.T. Act.

Learned counsel for the applicants have submitted that the First Information Report of this Case was lodged against 18 named accused persons, including the applicant of both the Bail Applications, with the allegations that these accused persons were involved in committing cyber crime and from the possession of the applicant Abdul Ansari one mobile phone along with Sim and one ATM Card of Union Bank of India are alleged to have been recovered while from the possession of applicant Rabindra Das one mobile phone along with Sim is alleged to have been recovered and there is no independent witness of public of the seizure memo and there is no evidence against the applicant in regard to committing any cyber crime against any person. It is also submitted that similarly situated co-accused Ranjay Kumar Das has already been granted bail in B.A.No. 13176 of 2021 vide order dated 13.12.2021 of this Court and both the applicants have been languishing in jail since 20.07.2021.

Mr. Sunil Kumar Dubey, learned A.P.P., holding brief for the Spl.P.P. submits that there is no evidence against the applicants in regard to committing cyber crime.

In view of the submissions made and considering the materials available on record these bail applications are allowed. Let the applicants, namely, Abdul Ansari in B.A. No. 13350 of 2021 and Rabindra Das in B.A. No. 13074 of 2021, be released on bail on furnishing bail bond of Rs.20,000/- (Twenty thousand) each 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. 63 of 2021.

A.K.Verma/Rajnish/

(Subhash Chand, J.)