Citation : 2024 Latest Caselaw 8723 Jhar
Judgement Date : 3 September, 2024
IN THE HIGH COURT OF JHARKHAND, RANCHI
Cr.Rev. No. 736 of 2024
Angad Das @ Roshan Das ...Petitioner
Versus
The State of Jharkhand ...Opp. Party
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CORAM: HON'BLE MR. JUSTICE RATNAKER BHENGRA
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For the Petitioner : Mr. Sudhanshu Kr. Deo, Advocate
For State : Mr. Shailendra Kr. Tiwari, Spl.P.P.
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05/ Dated: 03.09.2024 Heard the learned counsel for the Petitioner as well as the
learned Special P.P. for the State.
2. The social investigation report of the petitioner Angad Das @ Roshan Das has been received and submitted by Mr. Shailendra Kr. Tiwari, Spl.P.P. for the State. The same is kept on record.
3. The instant criminal revision application has been preferred to challenge the legality, prosperity and correctness of the judgment dated 19.06.2024, passed by Sri Rajeev Ranjan, learned 1st Additional Sessions Judge-cum- Children Court, Deoghar in Criminal (Juvenile Bail) Appeal No. 28/2024 whereby and whereunder an appeal preferred U/s 101(2) of the Juvenile Justice (Care & Protection, of Children) Act, against the order dated 08.05.2024, passed by Learned Principal Magistrate, Juvenile Justice Board, Deoghar, in connection with Deoghar Cyber P.S. Case No. 52/2024, dated 27.04.2024 subsequently Inquiry No. 172 of 2024, registered for offence under sections 419, 420, 467, 468, 471, 120(B) of I.P.C, and section 66(B), 66(C), 66(D) and 84 (C) of I.T. Act was dismissed and thereby upheld the order dated 08.05.2024, passed by Learned Principal Magistrate Juvenile Justice Board, Deoghar and dismissed the prayer of bail (Criminal Juvenile Bail Appeal) by Learned Appellate Court, now the case is pending before the Learned Principal Magistrate, Juvenile Justice Board, Deoghar.
4. The case arises out of Deoghar Cyber P.S. Case No. 52/2024, dated 27.04.2024 lodged under sections 419, 420, 467, 468, 471, 120(B) of I.P.C, and section 66(B), 66(C), 66(D) and 84 (C) of I.T. Act in connection with Inquiry No. 172 of 2024.
5. As per the prosecution case the informant, who is an S.I., Cyber Town, P.S. Deoghar alleged that on 27.04.2024 he received secret information that this petitioner along with associate Rupesh Kumar used to cheat the general public impersonating themselves as Customer Care/Bank Officer. Thereafter, the informant along with police party raided at the house of this petitioner wherein two persons were found present in the room and on inquiry they disclosed their names as Angad Das @ Roshan Das and Rupesh Kumar and confessed that they along with their relative Rinal Kumar Das involved in cyber crime.
6. Learned counsel appearing for the petitioner has submitted that as per the social investigation report, which has been brought on record, a care or attention is required/needed to the petitioner and for that he may be offered an occasion to remake his life and his future may also be considered. Learned counsel also submitted that apart from this case he has no criminal antecedent. And his father is ready and willing to maintain him and he will give proper attention and care to the petitioner if he is granted privilege of bail. He has further stated that earlier he was a student of S.S.High School, Manoharpurhat and he had secured 1st Division Marks in Secondary Examination in the year 2023 from the Jharkhand Academic Council, Ranchi, to which a provisional certificate was issued by the Jharkhand Academic Council, Ranchi. He was a student of arts stream and studied in Deoghar College and successfully passed 11th Class examination in the year 2024. Learned counsel appearing for the petitioner further submits that the petitioner is in remand since 27.04.2024.
7. On the other hand, learned Spl.P.P. for the State opposed the prayer for bail on the ground that in technical verification and CAF report it appears that he indulged in cyber offence and several victims also stated that they were being cheated by this petitioner. The petitioner is influenced by his peer group.
8. Having heard the learned counsel for the petitioner as well as the State, and considering the aforesaid circumstances and also the recommendation of the social investigation report and also his academic report, the petitioner is directed to be released on bail 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 Principal Magistrate, Juvenile Justice Board, Deoghar, in connection with Cyber P.S. Case No. 52 of 2024 subject to following conditions:
(i) One of the bailors should be the father/mother of the petitioner.
(ii) The father/mother will undertake to take good care of their child and also that he does not get associated with anti social element and he shall also continue his study and be enrolled in an appropriate institution.
(iii) The Secretary, DLSA, Deoghar will also take into account the situation of the minor in every three months. The social investigation report shall be updated in every three months and submitted before the Juvenile Justice Board, Deoghar.
9. Accordingly, the criminal revision is allowed.
10. Let this order be immediately communicated to the Court concerned through 'FAX'.
(Ratnaker Bhengra, J.) MM
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