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2025 DAILYLAW 11218 (JHR)

PRAKASH MANDAL ALIAS PRAKASH KR. MANDAL v. THE STATE OF JHARKHAND

B.A./3260/2025 · 2025-04-28

Anil Kumar Choudhary

Civil Appealbody2025

Judgment text

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[2025:JHHC:12625] IN THE HIGH COURT OF JHARKHAND AT RANCHI B.A. No.3260 of 2025 ------ Prakash Mandal @ Prakash Kr. Mandal aged 26 Years son of Ram Lal Mandal resident of Village Kashitar P.O. Karmatar P.S. Karmatar District Jamtara. .... .... …. Petitioner Versus The State of Jharkhand .... .... .... Opposite Party ------ CORAM : HON'BLE MR. JUSTICE ANIL KUMAR CHOUDHARY ------ For the Petitioner : Mr. Sudhir Kumar Roy, Advocate For the State : Md. Fahad Allam, Addl.P.P ------ Order No.02 Dated-28-04-2025 Heard the parties. The petitioner has been made accused in connection with M.C.A. No.104 of 2025 arising out of Jamtara Cyber Crime P.S. Case No.09 of 2025 registered for the offence punishable under Section 111(2)(II)/111(3)/ 111(4)/317(2)/317(4)/318(4)/319(2)/336(3)/338/340(2)/3(5) of the B.N.S., 2023 and Section 66(B)(C)(D) of the Informant Technology Act. Learned counsel for the petitioner submits that the allegation against the petitioner is that the petitioner was found to be in possession of SIM Cards of mobile phones, which he obtained on the basis of the forged document of identity in the name of different persons and made forged transactions in several accounts illegally. It is next submitted that the allegation against the petitioner is false. It is then submitted that the petitioner has been in custody since 04.02.2025 as mentioned in para-9 of the instant bail application. It is further submitted that the petitioner has criminal antecedent. It is further submitted that the petitioner is ready and willing to cooperate with the trial of the case. Hence, it is submitted that the petitioner be released on bail. Learned Addl.P.P. appearing for the State opposes the prayer for bail of the petitioner and submits that since there is allegation against the petitioner that he obtained SIM Card of mobile phone on the basis of the forged documents of identity in the name of different persons and made forged transactions in several accounts as well as his criminal antecedent, there is every chance of absconding of the petitioner and tampering with the evidence, if released on bail. Hence, it is submitted that the petitioner ought not to be released on bail. Considering the serious nature of allegation against the abovenamed petitioner and chance of absconding of the petitioner, if released on bail, as well as his criminal antecedent, this Court is not inclined to release the abovenamed petitioner on bail. Accordingly, the prayer for bail of the abovenamed petitioner is rejected. (Anil Kumar Choudhary, J.) Saroj/