Jharkhand High Court
Goutam Kumar Das vs The State Of Jharkhand ... ... Opp. Party on 19 January, 2022
Author: Navneet Kumar
Bench: Navneet Kumar
IN THE HIGH COURT OF JHARKHAND AT RANCHI
B.A. No. 15066 of 2021
Goutam Kumar Das ... ... Petitioner
Versus
The State Of Jharkhand ... ... Opp. Party
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CORAM: HON'BLE MR. JUSTICE NAVNEET KUMAR
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For the Petitioner : Mr. Arvind Kr. Choudhary, Advocate
For the State : Mr. Abhay Kr. Tiwari, APP
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Order No. 02: Dated: 19th January, 2022
The case was heard through video conferencing. None of the parties found any flaws with audibility/visibility during the course of hearing the matter.
The petitioner is an accused in connection with Deoghar (Cyber) P.S. Case No. 81 of 2021, registered under sections 419, 420, 467, 468, 471, & 120-B of IPC and section 66(B) (C) (D)/ 84 (C) of Information Technology Act, pending in the Court of learned Additional Sessions Judge-II-cum- Special Judge (Cyber Crime Cases), Deoghar.
Heard the parties.
It has been submitted by the learned defence counsel that the allegation against the petitioner that they along with co-accused persons of this case in connivance with each other under the pretext of personating themselves as bank officers and E-wallet representatives, used to cheat the laymen by withdrawing the money fraudulently and dishonestly but no specific overt act has been attributed against any one of the petitioners and not a single victim has been named who is said to have been cheated in the alleged offence by the petitioner.
Learned counsel for the petitioner further submitted that the petitioner is apprehended in this case on the basis of mere confessional statement of the co-accused persons and no incriminating articles have been recovered from their possession to connect their involvement in the commission of the offence as only mobile and sim cards have been recovered from his possession. It has been pointed out that the charge sheet has been submitted in this case and possibility of tampering the evidence in future is very remote. The petitioner is in jail custody since 12.09.2021.
It has also been pointed out that co-accused persons have been granted bail by a co-ordinate Bench of this Court namely Asfaque Ansari vide A.B.A. No. 9766 of 2021, Mukesh Kumar Mandal vide B.A. No. 14955 of 2021, Md. Ikrar Ansari @ Ikrar Ansari & Md. Israil Ansari @ Israil Ansari vide B.A. No. 14930 of 2021.
On the other hand, learned A.P.P. appearing for the State is opposed the prayer for bail of the petitioner.
Having taken into consideration the facts and circumstances of this case and the submissions advanced by the learned counsels of the parties, the petitioner is directed to be released on bail on furnishing bail bonds of Rs. 25,000/- (Rupees Twenty Five Thousand) by the petitioner (s) with two sureties of like amount each to the satisfaction of the learned Additional Sessions Judge-II- cum- Special Judge (Cyber Crime Cases), Deoghar in connection with Deoghar (Cyber) P.S. Case No. 081 of 2021, subject to the conditions that an undertaking supported by affidavit shall be furnished to the concerned court on behalf of the petitioner consisting of the declarations that he will cooperate in the trail and he will appear before the court as and when required, further a copy of his Aadhar Card, residential address and mobile number shall also be submitted to the concerned court and he will not change the same without informing the court and further he will not tamper the evidences in this case, inter alia, either by inducement, promise or any threatening to the witnesses and he will not commit such offence during the pendency of this case along with other conditions as laid down under Section 439 of Cr.P.C.
(Navneet Kumar, J.) MM