Jharkhand High Court
Dablu Das @ Dablu Kumar @ Dablu Kumar Aged vs The State Of Jharkhand ..... Opp. Party on 24 February, 2025
Author: Sanjay Prasad
Bench: Sanjay Prasad
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Criminal Revision No. 763 of 2024
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Dablu Das @ Dablu Kumar @ Dablu Kumar aged
about 17 years, son of Baleshwar Das, R/o Vill
Pichhidibad, P.O-Sarath, P.S-Sarath, Dist- Deoghar,
Represented through his natural Guardian Father
Baleshwar Das ..... Petitioner
Versus
The State of Jharkhand ..... Opp. Party
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CORAM: HON'BLE MR. JUSTICE SANJAY PRASAD
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For the Petitioner : Mr. Rahul Ranjan, Advocate
For the State : Mr. Shailesh Kr. Tiwari, A.P.P.
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08/24.02.2025 This Criminal Revision Application has
been filed on behalf of the juvenile petitioner
challenging the judgment dated 24.06.2024, passed by
Shri Rajeev Ranjan, learned Addl. Sessions Judge-1-
cum-Children Court, Deoghar in Criminal (Juvenile
Bail) Appeal No. 31 of 2024, by which prayer for bail of
the petitioner has been rejected by affirming the order
dated 31.05.2024, passed by the In-Charge
Principal Magistrate & Members of Juvenile Justice
Board, Deoghar, in connection with Cyber P.S. Case
No.17 of 2024 corresponding to Inquiry No. 174 of
2024 instituted for the offence under Section 419,
420, 467, 468, 471, 120B of the I.P.C. and Sections
66(B), (C), (D), 84(C) of the I.T. Act, by which the
prayer for bail of the petitioner has been rejected.
2. Heard Mr. Rahul Ranjan, learned counsel
for the juvenile-petitioner and Mr. Shailesh Kr. Tiwari,
learned Spl.PP appearing for the State.
3. Learned counsel for the petitioner has
submitted that altogether Seven persons including
this juvenile petitioner, namely Dablu Kumar were
apprehended by the Police on 20.02.2024. The name
of Six other persons, as disclosed in the F.I.R. are
Dhananjay Kr. Das, Nityanand Das, Ajay Kumar Das,
Sunil Das, Vikas Kumar Mahra, Jitendra Das and
they were found in possession of Mobile Phone and
SIM Card. It is further submitted that Six persons,
namely Sunil Kumar Das, Vikash Kumar Mahra,
Dhananjay Kumar Das, Nityanand Das and Ajay
Kumar Das have been granted bail in B.A. No.s 3769
of 2024, 3771 of 2024, 3879 of 2024, 3972 of 2024
and 3975 of 2024 respectively by the Co-ordinate
Bench (Hon'ble Mr. Justice Pradeep Kumar Srivastava)
on 10.07.2024, whereas the other co-accused Jitendra
Kumar Das has already been released on bail by the
Co-ordinate Bench (Hon'ble Mr. Justice Rajesh
Kumar) of this Court vide B.A. No. 3770 of 2024 on
16.05.2024. It is submitted that the case of the
juvenile-petitioner stands on the similar footing and
the petitioner is in custody since 20.02.2024. It is
submitted that the father of the Juvenile petitioner is
ready to take proper care of the Juvenile petitioner
and hence, the petitioner may be enlarged on bail on
the ground of parity.
4. On the other hand, the learned A.P.P. has
opposed the prayer for bail and has submitted that
one of the victims, namely Nitesh Patel, as stated in
Para 86 of the Case Diary that the petitioner has
attempted to commit Cyber fraud upon him through
Mobile. It is further submitted that several evidence of
operation of Mobile of the petitioner in Cyber Crime
have been found. However, the Special P.P. has finally
admitted that case of the petitioner is in the similar
footing of the other Six persons, who have been
granted bail by the Co-ordinate Bench of this Court.
5. Having heard learned counsel for both the
sides and considering the fact that the Co-accused,
namely Sunil Kumar Das, Vikash Kumar Mahra,
Dhananjay Kumar Das, Nityanand Das and Ajay
Kumar Das and Jitendra Kumar Das, who have been
granted bail by the Co-ordinate Bench of this Court
and this juvenile-petitioner were apprehended by the
Police in the same transaction, this Court finds the
case of the juvenile-petitioner fit for grant of bail on
the ground of parity.
6. Under the circumstances and considering
the custody of the petitioner, the petitioner, namely
Dablu Das @ Dablu Das @ Dablu Kumar is directed to
be released on Bail, on furnishing bail bonds of
Rs.10,000/- with two sureties of the like amount each
to the satisfaction of the In-Charge Principal
Magistrate of Juvenile Justice Board, Lohardaga/or
his Successor Court and be handed over to his father
in connection with Cyber P.S. Case No.17 of 2024
corresponding to Inquiry No. 174 of 2024, subject to
the following conditions:-
(1) Petitioner shall remain physically
present on each and every date till the
conclusion of the trial of this case unless
prevented from sufficient cause to the
satisfaction of the learned Trial Court.
(2) Petitioner shall not indulge in any or
other similar offence till the conclusion of
the trial.
(3) Petitioner shall not indulge in tampering
with the prosecution evidences or
influencing the prosecution witnesses.
7. In the result, judgment dated 24.06.2024,
passed by Shri Rajeev Ranjan, learned Addl. Sessions
Judge-1-cum-Children Court, Deoghar in Criminal
(Juvenile Bail) Appeal No. 31 of 2024 and the order
dated 31.05.2024, passed by the In-Charge Principal
Magistrate & Members of Juvenile Justice Board,
Deoghar, in connection with Cyber P.S. Case No.17 of
2024 corresponding to Inquiry No. 174 of 2024 are set
aside.
8. Thus, this Cr. Revision No. 763 of 2024
is allowed and stands disposed of.
(Sanjay Prasad, J.)
s.m.
