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2023 Supreme(Online)(JHK) 7232

HIGH COURT OF JHARKHAND
HON'BLE MR. JUSTICE RAJESH KUMAR
MUKHTAR ANSARI – Appellant
Versus
THE STATE OF JHARKHAND – Respondent
B.A./11084/2022



An accused is entitled to be released on bail if he has no criminal antecedents and has undertaken to participate in the trial.

Headnote:

BAIL - CYBER-CRIME - REGULAR BAIL - ACCUSED IN CUSTODY SINCE 21.08.2022 - NO CRIMINAL ANTECEDENT EXCEPT ONE CASE FILED BY WIFE - BAIL GRANTED ON FURNISHING BAIL BOND OF RS.10,000/- WITH TWO SURETIES OF THE LIKE AMOUNT EACH

Fact of the Case:

The applicant, Mukhtar Ansari, was in custody since 21.08.2022 in connection with Cyber-Crime P.S. Case No.56 of 2022, registered for the offence under Sections 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.

Finding of the Court:

Considering the facts and circumstances of the case, the court found that the applicant was entitled to be released on bail.

Issues: Whether the applicant was entitled to be released on bail.

Ratio Decidendi: The court considered the following factors in granting bail to the applicant:- The applicant had no criminal antecedents except one case that was filed by his wife.- The applicant had been in custody since 21.08.2022.- The applicant had undertaken to participate in the trial.

Final Decision: The court directed the applicant to be released on 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.11084 of 2022

----

Mukhtar Ansari @ Muktar Ansari ….

….

Petitioner/Applicant

Versus

The State of Jharkhand

….

….

Opposite Party

----

CORAM: HON’BLE MR. JUSTICE RAJESH KUMAR

----

For the Petitioner/Applicant

: Mr. Ranjan Kr. Singh, Adv.

For the State

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

----

05/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 21.08.2022 has approached this Court

for grant of regular bail in connection with Cyber-Crime P.S. Case No.56 of 2022,

registered for the offence under Sections 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 no criminal antecedent has been claimed except one case that was

filed by the wife. 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-II, Deoghar in connection with Cyber-Crime P.S. Case

No.56 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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