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2023 Supreme(Online)(JHK) 1314

HIGH COURT OF JHARKHAND
HON'BLE MR. JUSTICE RAJESH KUMAR
SHIV SHANKA MANDAL ALIAS SHIV SHANKAR MANDAL – Appellant
Versus
THE STATE OF JHARKHAND – Respondent
B.A./11089/2022



An accused person is entitled to regular bail if he has been in custody for a considerable period of time, has no criminal antecedents, and has claimed innocence and undertaken to participate in the trial.

Headnote:

BAIL - CYBER CRIME - REGULAR BAIL - ACCUSED IN CUSTODY SINCE 18.09.2022 - NO CRIMINAL ANTECEDENT - INNOCENCE CLAIMED - UNDERTAKING FOR PARTICIPATION IN TRIAL - BAIL GRANTED

Fact of the Case:

The applicant, Shiv Shanka Mandal, was arrested on 18.09.2022 in connection with Cyber P.S. Case No.68 of 2022, registered for the offence under Section 419, 420, 467, 468, 471 and 120(B) of the Indian Penal Code and under Section 66(B), 66(C), 66(D) and 84(C) of the I.T. Act. The applicant claimed innocence and submitted that he had no criminal antecedents. He also undertook to participate in the trial.

Finding of the Court:

The court noted that the applicant had been in custody since 18.09.2022 and had no criminal antecedents. The court also considered the applicant's claim of innocence and his undertaking to participate in the trial.

Issues: Whether the applicant should be granted regular bail.

Ratio Decidendi: The court held that the applicant was entitled to regular bail as he had been in custody for a considerable period of time, had no criminal antecedents, and had claimed innocence and undertaken to participate in the trial.

Final Decision: The court granted the applicant regular bail on furnishing bail bond of Rs.10,000/- with two sureties of the like amount each.

IN THE HIGH COURT OF JHARKHAND AT RANCHI

B.A. No.11089 of 2022

----

Shiv Shanka Mandal @ Shiv Shankar Mandal

….

….

Petitioner/Applicant

Versus

The State of Jharkhand

….

….

Opposite Party

----

CORAM: HON’BLE MR. JUSTICE RAJESH KUMAR

----

For the Petitioner/Applicant

: Mr. Abhishek Singh, Adv.

For the State

: Mr. Abhay Kr. Tiwari, A.P.P.

----

03/Dated: 04th January, 2023

1.

Heard learned counsel for the applicant and learned counsel for the State.

2.

The applicant who is in custody since 18.09.2022 has approached this Court

for grant of regular bail in connection with Cyber P.S. Case No.68 of 2022,

registered for the offence under Section 419, 420, 467, 468, 471 and 120(B) of the

Indian Penal Code and under Section 66(B), 66(C), 66(D) and 84(C) of the I.T.

Act.

3.

It appears that the applicant is accused of committing Cyber-Crime.

4.

Innocence has been claimed by the learned counsel for the applicant and

undertaking has been given for participation in the trial. Further, it has been

submitted that there is no criminal antecedent against the applicant. The applicant

is a driver by profession and he earns his livelihood by running a tempo. On the

above basis, the prayer for bail has been made.

5.

Learned counsel for the State has opposed the prayer for bail.

6.

Considering the above facts, the applicant, named above, is directed to be

released on bail, on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand

Only) with two sureties of the like amount each to the satisfaction of the learned

Additional Sessions Judge-2nd, Deoghar in connection with Cyber P.S. Case No.68

of 2022, subject to condition that the applicant will submit self-attested photocopy

of his Aadhaar Card and also submit his mobile number before the learned court

below which he will always keep active and will not change it during pendency of

this case without prior permission of the court.

7.

In view of disposal of the present bail application, pending I.A., if any, also

stands disposed of.

(Rajesh Kumar, J.)

Amar/-

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