MUSLIM ANSARI Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard learned counsel for the parties. The petitioner has been made accused in connection with Jamtara Cyber Crime P.S. Case No. 62 of 2023 registered under Sec. 414 /419 /420 /467 /468 /471 /120(B) of Indian Penal Code and Sec. 66(B), 66(C), 66(D) of Information Technology Act, pending in the Court of Learned Additional Sessions Judge 1st, Jamtara. As per F.I.R., the informant police officer received secret information that several persons were committing cyber crime in the Bamboo Clump behind the Chicken Poultry Farm of Gulam Ansari of Village-Birajpur within Karmatanr police station and on the basis of the aforesaid information a raiding team was constituted and the team proceeded towards the said village and apprehended four persons and two persons manage to flee away.

(2.) Learned counsel for the petitioner has submitted that the petitioner is innocent and has committed no offence at all rather he has been falsely implicated in this case only on the basis of confessional statement of the co-accused persons who have been granted regular bail by Co-Ordinate Bench of this Court in B.A. No. 11947 of 2023 with B.A. No. 11983 of 2023 vide order dtd. 20/3/2024. Further another similarly situated co-accused namely Gopal Das has also been enlarged on bail in B.A. No. 12086 of 2023 vide order dtd. 21/3/2024. Petitioner undertakes to co-operate with the trial of the case and remain physically present on each and every date till the conclusion of the trial and shall not indulge in tampering with the prosecution evidence or influence the witnesses or gain over them. It is next submitted that the petitioner has no criminal antecedent. The petitioner is languishing in judicial custody since 4/5/2024 without any rhymes and reasons. Hence the petitioner may be enlarged on bail. Learned Addl. P.P. has opposed the prayer for bail of the petitioner. Hence, the petitioner may not be enlarged on bail.

(3.) Considering the facts and circumstances of this case, the nature of allegation against petitioner coupled with materials available on record and period of custody of the petitioner, I am inclined to release the above named petitioner, on bail. Accordingly, the petitioner named above, is directed to be released on bail on furnishing bail bond of Rs.25,000.00 (Rupees twenty-five thousand) with two sureties of the like amount each to the satisfaction of Learned Additional Sessions Judge 1st, Jamtara. in connection with Jamtara Cyber Crime P.S. Case No. 62 of 2023 with condition that petitioner shall appear physically on each and every date during the trial of case till its conclusion unless his physical appearance is dispensed with for sufficient cause to the satisfaction of the learned trial court and with further condition that petitioner shall not indulge in tampering with the prosecution evidence or influence the witnesses or gain over them. In case of violation of the aforesaid conditions of the bail, the trial court shall be at liberty to cancel the bail of petitioner and take into custody of the petitioner for the purpose of trial.