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2025 DAILYLAW 18936 (JHR)

DIWAKAR DAS v. THE STATE OF JHARKHAND

Cr.M.P./1573/2025 · 2025-07-11

Anil Kumar Choudhary

body2025

Judgment text

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[2025:JHHC:18888] IN THE HIGH COURT OF JHARKHAND AT RANCHI Cr.M.P. No.1573 of 2025 ------ Diwakar Das, aged about 26 years, son of Fodari Das @ Fodari Mahra, Resident of Village Baski, P.O.- Bamangama, P.S. – Sarth (O.P. Partharadda) Sub Division- Madhupur, District- Deoghar. … Petitioner Versus The State of Jharkhand … Opposite Party ------ CORAM: HON’BLE MR. JUSTICE ANIL KUMAR CHOUDHARY ------ For the Petitioner : Mrs. Jasvindar Mazumdar, Advocate For the State : Mr. Pankaj Kumar, P.P. ------ Order No:-06 Dated:-11-07-2025 Heard the parties. This criminal miscellaneous petition has been filed by the petitioner invoking the jurisdiction of this Court under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 with a prayer for modification of the order dated 25.06.2025 passed in B.A. No.2461 of 2025. It is submitted by the learned counsel for the petitioner that vide order dated 25.06.2025 passed in B.A. No.2461 of 2025, the petitioner was admitted to bail subject to the condition by transferring the amount defrauded from the various victims by transferring to the account of respective victims. It is next submitted that the phone number of all the victims is switched off and the petitioner is not having the bank account details of the victims. Hence, it is submitted that the order dated 25.06.2025 passed in B.A. No.2461 of 2025 be modified by directing the petitioner to deposit Rs.32,199/- with the Nazarat, Civil Court, Deoghar. Considering the aforesaid submission of the learned counsel for the petitioner, the prayer for modification of the order dated 25.06.2025 passed in B.A. No.2461 of 2025 is allowed. Accordingly, the operative portion of the order dated 25.06.2025 passed in B.A. No.2461 of 2025 is modified to the following extent:- “Considering the facts of this case, the above-named petitioner is directed to be enlarged on bail on showing proof of depositing Rs.32,199/- with the Nazarat, Civil Court, Deoghar without prejudice to his defence in this case and on furnishing bail bond of Rs.25,000/- (Rupees twenty five thousand) with two sureties of the like amount each to the satisfaction of learned Addl. Sessions Judge-II-cum-Spl. Judge, Cyber Crime Cases, Deoghar in connection with Deoghar (Cyber) Crime P.S. Case No.142 of 2024 with the condition that he will co-operate with the trial of the case and furnish his mobile number and photocopy of the Aadhar Card in the court below with an undertaking that he will not change his mobile number during the trial of the case.” The order dated 25.06.2025 passed in B.A. No.2461 of 2025 is modified to the aforesaid extent only. It is also made clear that if and when any of the victims appears before the trial court, the trial court will ensure that the money deposited by the petitioner with Nazarat, Civil Court, Deoghar is released in favour of the victim(s). This criminal miscellaneous petition is disposed of accordingly. (Anil Kumar Choudhary, J.) Animesh/