Jharkhand High Court
Bablu Kumar Mandal vs The State Of Jharkhand ... Opposite ... on 15 September, 2022
Author: Sanjay Prasad
Bench: Sanjay Prasad
IN THE HIGH COURT OF JHARKHAND AT RANCHI
B.A. No. 5635 of 2022
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Bablu Kumar Mandal ... 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 Kr. Tiwari, Spl.P.P.
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Order No. 07/ Dated: 15.09.2022
The petitioner is accused in connection with Deoghar (Cyber) P. S. Case No. 67 of 2021, corresponding to cyber Crime Case No. 100 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)/84(C) of the Information Technology Act.
2. Heard learned counsel for the petitioner and learned counsel for the State.
3. It is submitted that the earlier prayer for bail was rejected by this Court vide order dated 04.02.2022 passed by this Court in B.A. No. 14179 of 2021 . It is submitted that earlier only one mobile phone was recovered from the possession of this petitioner. It is submitted that 100 cases have been instituted against one Co-accused Md. Furkan Ansari @ Furkan Ansari who has been granted bail by the Co-ordinate Bench of this Court in B.A. No. 14058 of 2021 vide order dated 18.01.2022. It is submitted that the petitioner is ready to abide any condition imposed by this Court . It is submitted that another co-accused namely Paltan Yadav @ Paltan Kr. Yadav has already been granted Anticipatory Bail by the Co-ordinate Bench of this Court in A. B. A. No. 8744 of 2021 vide order dated 29.11.2021. It is submitted that other co- accused namely Balram Mandal in B. A. No. 14196 of 2021 vide order dated 04.01.2022, Md. Kaif in B. A. No. 13840 of 2021 vide order dated 06.01.2022, Pankaj Kumar Das in B. A. No. 13868 of 2021 vide order
-2 dated 06.01.2022,Murli Dasin B.A. No. 13926 of 2021 vide order dated 06.01.2022, Ramesh Kumar Das in B. A. No. 13905 of 2021 vide order dated 11.01.2022, Sunil Kumar Das @ Sunil Mahra in B. A. No. 13736 of 2021 vide order dated 12.01.2022, Altaf Ansari in B.A.No. 14359 of 2021 vide order dated 12.01.2022, Suchit Das in B. A. No. 14005 of 2021 vide order dated 12.01.2022 and Md. Furkan Ansari @ Furkan Ansari in B. A. No. 14058 of 2021 vide order dated 18.01.2022 have already been granted bail by the Coordinate Bench of this Court. It is submitted that the petitioner is custody since 01.08.2021 and hence , he may be enlarge on bail.
4. On the other hand , learned A.P.P. has opposed the prayer for bail and has submitted that earlier pray for bail was rejected by this Court vide order dated 04.02.2022 passed by this Court in B.A. No. 14179 of 2021and It is submitted that the petitioner has got criminal antecedent and 18 cases have been instituted the petitioner and there is no fresh ground .
5. It appears that the course of investigation police has arrested fourteen (14) person including this petitioner. It appears from the submission of the leaned counsel for the petitioner that nine (09) persons have been granted bail by the Co-ordinate Bench of this Court and also by this Court and during course of argument the learned counsel for the petitioner has produced the web copies of orders of the Co-ordinate Bench of this Court and also by this Court .
6. Considering the custody, grant of bail to the other co-accused persons including Md. Furkan Ansari @ Furkan Ansari against 100 cases are pending has been granted bail by the Co-ordinate Bench of this Court in B.A. No. 14058 of 2021 vide order dated 18.01.2022 and the facts and in the circumstances of this case, this Court is constrained to enlarge the petitioner Bablu Kumar Mandal on bail on furnishing bail bond of Rs.25,000/-(Rupees Twenty Five Thousand only) with two sureties of
-3 the 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. 67 of 2021 corresponding to Cyber Crime Case No. 100 of 2021 subject to the condition that even during this trial the petitioner shall file Undertaking to return the debited amount to the Victim (s) if any victim is found cheated, without prejudice to his case, both of the bailers must be own relative of the petitioner and one bailers must be having the landed properties in the district of Deoghar and the petitioner and his Father shall also furnish the self attested copy of their respective Aadhar Card and also submit their respective mobile number before the learned Court below and which shall remain active and shall not change their mobile number and petitioner shall not leave the jurisdiction of the District -Deoghar and without prior permission of the learned Court below and shall remain present on each and every date in the learned Court below till the conclusion of trial except for unforeseen circumstances , otherwise, the prosecution will be at liberty to take steps for cancellation of his bail.
7. Let a copy of this order be sent to the office of Superintendent of Police, Deoghar by FAX/Email.
(Sanjay Prasad, J.) Bibha/