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CDJ 2026 Jhar HC 150 print Preview print Next print
Court : High Court of Jharkhand
Case No : B.A. No. 1067 of 2026
Judges: THE HONOURABLE MRS. JUSTICE ANUBHA RAWAT CHOUDHARY
Parties : Rajaul Ansari Versus State of Jharkhand
Appearing Advocates : For the Petitioner: Kaushik Sarkhel, Advocate. For the Respondents: Shailendra Kumar Tiwari, Spl. P.P.
Date of Judgment : 07-04-2026
Head Note :-
B.N.S - Sections 111(2) (b), 317(2), 317(5), 319(2), 318(4), 338, 336(3), 340(2) and 3(5) -

Comparative Citation:
2026 JHHC 9779,

Summary :-
1. Statutes / Acts / Rules Mentioned:
- Sections 111(2) (b) of the B.N.S. 2023
- Section 317(2) of the B.N.S. 2023
- Section 317(5) of the B.N.S. 2023
- Section 319(2) of the B.N.S. 2023
- Section 318(4) of the B.N.S. 2023
- Section 338 of the B.N.S. 2023
- Section 336(3) of the B.N.S. 2023
- Section 340(2) of the B.N.S. 2023
- Section 3(5) of the B.N.S. 2023
- Section 66(B) of the Information and Technology Amendment Act, 2008
- Section 66(C) of the Information and Technology Amendment Act, 2008
- Section 66(D) of the Information and Technology Amendment Act, 2008
- Section 42(3) (e) of the Telecommunication Act, 2023

2. Catch Words:
- Bail

3. Summary:
The petitioner, in custody since 21‑12‑2025 for offences under the B.N.S. 2023, the IT Amendment Act, 2008 and the Telecommunication Act, 2023, pleaded lack of criminal antecedents and absence of charge‑sheeted victims. The State opposed bail, alleging fraud on three victims using a SIM registered in another’s name. The court, noting the petitioner’s clean record and prolonged custody, granted bail on a bond of Rs. 25,000 with two sureties, imposing conditions regarding sureties, court attendance, Aadhar submission, and cooperation. The order was to be communicated to the concerned court. The bail application was allowed.

4. Conclusion:
Petition Allowed
Judgment :-

1. Heard the learned counsel appearing on behalf of the parties.

2. Learned counsel for the petitioner submits that the petitioner is in custody since 21.12.2025 in connection with Jamtara (Cyber) P.S. Case No. 75 of 2025 for the offences registered under Sections 111(2) (b), 317(2), 317(5), 319(2), 318(4), 338, 336(3), 340(2) and 3(5) of the B.N.S. 2023 and section 66(B), 66(C), 66(D) of the Information and Technology Amendment Act, 2008 and Section 42(3) (e) of the Telecommunication Act, 2023 pending in the court of learned Special Judge, Cyber Crime, Jamtara.

3. Learned counsel for the petitioner submits that the petitioner is in custody since 21.12.2025 and has no criminal antecedent. He has further submitted that although it is alleged that there are three victims but, in the charge-sheet, none of the victim has been made as charge sheeted witness. He has further submitted that no case of organized crime is made out against the petitioner as even as per the allegation, nobody else had participated along with the petitioner for commission of the alleged offence so far as it relates to the petitioner.

4. Learned counsel for the opposite party-State has opposed the prayer and has submitted that three victims have been defrauded by the petitioner by using phone and SIM Card and the SIM Card was registered in the name of another person.

5. After hearing the learned counsel for the parties and considering the fact that the petitioner has no criminal antecedent and he is in custody since 21.12.2025, the petitioner above named is directed to be enlarged on bail on his furnishing bail bond of Rs. 25,000/- (Rs. Twenty five thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge, Cyber Crime, Jamtara, in connection with Jamtara (Cyber) P.S. Case No. 75 of 2025, on the following conditions:

                  (i) One of the bailors would be the present pairvikar of the petitioner.

                  (ii) The other bailor should be his close relative.

                  (iii) The petitioner will attend the court on each and every date and on account of his single default, the learned court shall cancel the bail bond furnished by the petitioner.

                  (iv) The petitioner will deposit a self-attested copy of his Aadhar Card along with his mobile number before the learned court which he will not change during the pendency of the case without prior permission of the court.

                  (v) The petitioner shall fully co-operate with the proceedings before the learned court below.

6. Let this order along with a copy of the affidavit filed with the bail petition be communicated to the court concerned through FAX/e-mail.

7. The instant bail application is allowed with the aforesaid conditions.

 
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