The main legal point established is the court's discretion in granting provisional bail based on the nature of the alleged offences, the stage of the trial, and the specific circumstances of the case.

JUDGMENT

Shree Chandrashekhar, J. – The petitioner is seeking bail in Ranchi (Sadar) P.S.Case No.178 of 2017 corresponding to G.R. No.1865 of 2017, which was registered for offences under sections 408/420/34 IPC and for offences under sections 65/66/66(B) of Information Technology Act, 2000. Heard Mr. Anil Kumar, the learned Senior counsel for the petitioner, Mr. Sanjay Kumar Srivastava, the learned APP and Mr. Vishal Kumar Tiwary, the learned counsel for the informant.

2. Contention raised on behalf of the petitioner is that there is no legal evidence collected during the course of investigation which would prima-facie disclose his involvement in the case.

3. The learned Senior counsel for the petitioner submits that the petitioner was not named in the First Information Report and only on the basis of confessional statement of co-accused-Vivek Singh he has been roped in this case.

4. The learned APP and the learned counsel for the informant have opposed the prayer for grant of bail contending that sufficient materials have been collected during the course of investigation which would disclose complicity of the petitioner in the crime. Specific allegation against the petitioner is that he is the master-mind of the entire operation.

5. It appears that the petitioner was sent to judicial custody on 17.04.2017 and the trial has already commenced. The offences alleged against the petitioner are all triable by the Magistrate, 1st Class and, infact, the alleged offences committed by the petitioner under Information Technology Act, 2000 are all bailable.

6. In the aforesaid facts and circumstances, the petitioner, namely, Bittu Singh @ Rahul Singh @ Bittu Rahul Singh, is directed to be released on Provisional bail, if not wanted in connection to any other criminal case, on furnishing bail bond of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, 1st Class, Ranchi in connection with Ranchi (Sadar) P.S.Case No.178 of 2017, corresponding to G.R. No.1865 of 2017, on the following conditions:

(i) that one of the bailors shall be a close family member of the petitioner;

(ii) that the petitioner shall not change his place of residence without prior permission of the Court;

(iii) that the petitioner shall record his attendance in the office of the Senior Superintendent of Police, Ranchi on every Monday; and

(iv) that he shall not indulge himself in any crime and if a case is reported against him, the prosecution shall be at liberty to file an application for cancellation of provisional bail granted to him.

7. A report on subsequent conduct of the petitioner shall be filed by the Investigating Officer in the trial court, a copy of which shall be produced before this Court before the next date of hearing.

8. Post the matter on 14.08.2018.

9. Let a copy of this order be transmitted to the learned trial court and the Senior Superintendent of Police, Ranchi through FAX.

10. Let a copy of this order be given to the learned A.P.P.