Jharkhand High Court
Kishan Sah @ Kishan Kumar Sah vs The State Of Jharkhand ...... Opposite ... on 17 December, 2021
Author: Sanjay Prasad
Bench: Sanjay Prasad
IN THE HIGH COURT OF JHARKHAND AT RANCHI
B. A. No. 13329 of 2021
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Kishan Sah @ Kishan Kumar Sah ...... Petitioner
Versus
The State of Jharkhand ...... Opposite Party
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CORAM: HON'BLE MR. JUSTICE SANJAY PRASAD
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For the Petitioner : Mr. Arvind Kr. Choudhary, Advocate
For the State : Mr. Shailendra Kumar Tiwari, A.P.P.
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The matter was taken up through Video Conferencing. Learned counsel for the parties had no objection with it and submitted that the audio and video qualities are good.
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03/17.12.2021 Learned counsel for the petitioner undertakes to remove the defects, as pointed out by the office, within one week from today.
Heard learned counsel for the petitioner and learned counsel for the State. The petitioner is an accused in connection with Deoghar Cyber P.S. Case No. 66 of 2021 registered under Sections 419, 420, 467, 468, 471, 120(B) of the Indian Penal Code and Sections 66(B), 66(C), 66(D) and 84(C) of the Information Technology Act.
It is submitted that the petitioner is innocent. It is submitted that as per the FIR, one mobile phones is alleged to be recovered from the possession of this petitioner. It is submitted that other co- accused Amit Kumar Das @ Amit Ravidas and Rahul Kumar Das in B. A. No. 13072 of 2021 vide order dated 09.12.2021, Rajiv Kumar Bharti @ Rajiv Bharti in B. A. No. 13158 of 2020 vide order dated 10.12.2021, Pankaj Kumar Das in B. A. No. 13355 of 2021 vide order dated 14.12.2021, Vikash Kumar Das in B. A. No. 13860 of 2021 vide order dated 16.12.2021 and Kanu Das @ Kanhaiya Das in B. A. No. 13597 of 2021 vide order dated 15.12.2021 respectively have already been granted bail by the Co-ordinate Bench of this Court. It is submitted that the petitioner is in custody since 28.07.2021 and hence he may be enlarged on bail.
Learned A.P.P has opposed the prayer for bail.
From perusal of the FIR and the impugned order passed by the learned Court below and the order passed by the Co-ordinate Bench of this Court.
It appears that as per the FIR, one mobile phones was recovered from the possession of this petitioner. It appears that other co-accused Amit Kumar Das @ Amit Ravidas and Rahul Kumar Das in B. A. No. 13072 of 2021 vide order dated 09.12.2021, Rajiv Kumar Bharti @ Rajiv Bharti in B. A. No. 13158 of 2020 vide order dated 10.12.2021, Pankaj Kumar Das in B. A. No. 13355 of 2021 vide order dated 14.12.2021, Vikash Kumar Das in B. A. No. 13860 of 2021 vide order dated 16.12.2021 and Kanu Das @ Kanhaiya Das in B. A. No. 13597 of 2021 vide order dated 15.12.2021 respectively have already been granted bail by the Co-ordinate Bench of this Court.
Considering the period of custody and considering the grant of bail to the above named co- accused persons by the Co-ordinate Bench of this Court and on the facts and in the circumstances of this case, the petitioner namely Kishan Sah @ Kishan Kumar Sah is directed to be released on bail, on furnishing bail bond of Rs. 10,000/- (Ten thousand only) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-II-Special Judge (Cyber Crime Cases), Deoghar in connection with Deoghar Cyber P.S. Case No. 66 of 2021 subject to the condition that one of the bailors must be own relative of the petitioner and the petitioner must file an Undertaking before the learned Court below not to get indulged in such type of crime in future again, otherwise prosecution will be at liberty to take steps for cancellation his bail and the petitioner shall appear before the trial Court on each and every date till the conclusion of the trial except for unforeseen circumstances.
Let a copy of this order be communicated to the office of Superintendent of Police, Deoghar through FAX/Email.
(Sanjay Prasad, J.) Kamlesh/