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Jharkhand High Court

Viswajit Mandal @ Vishvjeet Mandal vs The State Of Jharkhand ...... Opposite ... on 8 June, 2022

       IN THE HIGH COURT OF JHARKHAND AT RANCHI
                            B.A. No. 4726 of 2022
       Viswajit Mandal @ Vishvjeet Mandal       ...... Petitioner
                                      Versus
       The State of Jharkhand                   ...... Opposite party

                                      With
                             B.A. No. 5042 of 2022
       Suraj Mandal                        ......       Petitioner
                           Versus
       The State of Jharkhand                    ...... Opposite party
                              ----- -----
     CORAM: HON'BLE MR. JUSTICE PRADEEP KUMAR SRIVASTAVA
                       -----

For the Petitioner : Mr. K.K. Mishra, Advocate (in both cases) For the State : Mr. Shailendra Kr. Tiwari, A.P.P.(in both cases) .....

Order No.02/ Dated:08.06.2022 Both the bail applications are heard together as they arose from the same F.I.R. Heard learned counsel for the parties.

The petitioners have been made an accused in connection with Jamtara Cyber Crime P.S. Case No. 08 of 2022 , for the offence under Section 414, 419, 420, 467, 468, 471, 120(B) of the Indian Penal Code and Section 66(B), (C), (D) of the Information Technology Act, pending in the court of Additional Session Judge-1 st, Jamtara.

Learned counsel for the petitioners has submitted that as per F.I.R the allegation against these petitioners is that the petitioner and other accused persons are involved in cheating to several persons through cyber crime. It is alleged that on 13.02.2022 at 11.00 hours the police Inspector Jamtara Cyber Cime police station received a secret information that Rs. 51,000/- of a person of U.P was cheated by way of cyber crime by using mobile No. 7008296835 having its present location at village Kashitanr under P.S.Karmatanr District, Jamtara. Upon raid conducted by police personnels, three miscreants namely, Haribol Mandal, Suraj Mandal and Biswajit Mandal were apprehended. It is also submitted that Biswajit Mandal disclosed the name of other accused involved in this case and also admitted that they commit cyber crime by using forged mobile and SIM and also impersonating themselves to be bank Manager. They use to call the people on mobile phone and after obtaining the OTP number and all the information regarding the ATM, they use to cheat money through E-wallet. It is also submitted that certain mobile phones have been seized from the possession of these petitioners but none is used for committing cyber crime. It is also submitted that the petitioners have no criminal antecedent. Learned A.P.P has opposed the prayer for bail of the petitioner and submitted that petitioners have been arrested red handed and several mobile phones have been recovered which were used in committing several cyber crimes with different persons, hence petitioners do not deserve bail.

Regard being had to the facts and circumstances of the case and considering the materials available on record, I am inclined to release the petitioners, on bail. Accordingly, the petitioners, named above, are directed to be released on bail on furnishing of bail bonds of Rs. 10,000/-(Rupees Ten Thousand) each with two sureties of the like amount each, to the satisfaction of Additional Session Judge-1 st, Jamtara. in connection with Jamtara Cyber Crime P.S. Case No. 08 of 2022.

(Pradeep Kumar Srivastava, J.) S.K/J. Minj