Bail granted based on lack of evidence and precedents of similar cases.

CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER

2 03-12-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Sitamarhi Cyber Case No. 21 of 2025 instituted for the offences punishable under Sections 318(4), 319(2), 336(3), 338, 340(2) and 111(2) of the BNS, 2023 and Sections 66 66(c), 66(D) of the Information and Technology Act .

3. As per the prosecution case, the informant reached in the premises of Reasoning Circle, Sitamarhi which looked lika a call center and when the informant entered, he found that certain persons were working on the system and fine wise pioneer was opened in different tabs. They were editing the photographs. It is further alleged that certain boys were abusing and threatening for loan recovery. The informant found the work to be suspicious. They were apprehended. Petitioners are one amongst them.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence and has falsely been implicated in this case. He submits that it is evidently clear that the owner of the centre is Birendra Kumar and the owner of the centre engaged the petitioner and others as the staffs. He further submits that from the possession of the petitioner, one mobile has been recovered containing two sims. He next submits that the no incriminating articles has been recovered from the possession of the petitioner rather it has been recovered from the centre, which is run by Birendra Kumar. He lastly submits that the petitioner is not arrested from the centre, rather the police arrested from the room. He again submits that the petitioner has been made scapegoat in the present case. Petitioner has got clean antecedent as stated in para 3 of the petition is in custody since 16.04.2025.

5. Learned APP for the State opposes the prayer for bail.

6. From perusal of the FIR and impugned order of the learned District and Additional Sessions Judge-I, Sitamarhi dated 31.07.2025, it appears that petitioner is named in the FIR. From perusal of the records, it appears that on the basis of written report of the informant, FIR has been registered under Sections 318(4), 319(2), 336(3), 338, 340(2) and 111(2) of the BNS, 2023 and Sections 66(c), 66(D) of the I.T. Act, 2000 and the allegation is that he along with other persons were participating in editing the photographs, abusing and threatening for recovery of loan and the petitioner is one amongst them. Similarly situated co-accused persons namely Deepak Kumar has been granted bail by a co-ordinate Bench of this Court in Cr. Misc. No. 69374 of 2025 vide order dated 25.09.2025, so considering all these aspects of the case and submissions of learned counsel for the petitioner, I am inclined to grant bail to the petitioners.

7. Accordingly the prayer for bail of the petitioners is allowed. Let the petitioner above named be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Incharge Judicial Magistrate-1st, Class, Sitamarhi in connection with Sitamarhi Cyber P.S. Case No. 21 of 2025.

(Ramesh Chand Malviya, J)