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2023 Supreme(Online)(JHK) 1316

HIGH COURT OF JHARKHAND
HON'BLE MR. JUSTICE RAJESH KUMAR
RAMJAN ANSARI – Appellant
Versus
THE STATE OF JHARKHAND – Respondent
B.A./12061/2022



An accused is entitled to be released on bail if the court is satisfied that he is not guilty of the offence charged against him or that he is not likely to commit any offence while on bail.

Headnote:

BAIL - CYBER-CRIME - REGULAR BAIL - ACCUSED IN CUSTODY SINCE 07.09.2022 - INNOCENCE CLAIMED - NO CRIMINAL ANTECEDENT - WIFE OF THE ACCUSED IS THE PAIRWIKAR IN THIS CASE - BAIL GRANTED ON FURNISHING BAIL BOND OF RS.10,000/- WITH TWO SURETIES OF THE LIKE AMOUNT EACH

Fact of the Case:

The applicant, who is in custody since 07.09.2022, has approached this Court for grant of regular bail in connection with Jamtara Cyber Crime P.S. Case No.54 of 2022, registered for the offence under Sections 414, 419, 420, 467, 468, 471 and 120-B of the Indian Penal Code and under Section 66(B), 66(C) and 66(D) of the I.T. Act.

Finding of the Court:

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-I, Jamtara in connection with Jamtara Cyber Crime P.S. Case No.54 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.

Issues: Whether the applicant is entitled to be released on bail?

Ratio Decidendi: The court considered the facts of the case, the nature of the offence, the applicant's lack of criminal antecedents, and the fact that his wife is the pairwikar in this case. The court also considered the undertaking given by the applicant for participation in the trial.

Final Decision: The court granted the applicant 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.12061 of 2022

----

Ramjan Ansari

….

….

Petitioner/Applicant

Versus

The State of Jharkhand

….

….

Opposite Party

----

CORAM: HON’BLE MR. JUSTICE RAJESH KUMAR

----

For the Petitioner/Applicant

: Mr. Shambhu Nath Tiwari, Adv.

For the State

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

----

04/Dated: 10th January, 2023

1.

Heard learned counsel for the applicant and learned counsel for the

State.

2.

The applicant who is in custody since 07.09.2022 has approached this

Court for grant of regular bail in connection with Jamtara Cyber Crime P.S.

Case No.54 of 2022, registered for the offence under Sections 414, 419, 420,

467, 468, 471 and 120-B of the Indian Penal Code and under Section 66(B),

66(C) and 66(D) 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 him. The wife of

the applicant is the pairwikar in this case. On the above basis, 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-I, Jamtara in connection with

Jamtara Cyber Crime P.S. Case No.54 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.

(Rajesh Kumar, J.)

Amar/-

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