Jharkhand High Court
Akhtar Ansari vs The State Of Jharkhand on 18 June, 2025
Author: Sanjay Prasad
Bench: Sanjay Prasad
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Cr. Appeal (S.J.) No. 231 of 2025
....
Akhtar Ansari, aged about 31 years, son of Makbul Ansari,
resident of Chailahatal, PO- Chelha, PS- Banjaria, District- East
Champaran (Motihari), Bihar ...... Appellant
Versus
1. The State of Jharkhand
2. Mathius Dungdung ...... Respondents
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CORAM: HON'BLE MR. JUSTICE SANJAY PRASAD
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For the Appellant : Md. Hadish Ansari, Advocate
For the State : Ms. Ruby Pandey, A. P. P.
.....
ORAL ORDER IN COURT
I. A. No. 2573 of 2025
04/18.06.2025 Learned counsel for the appellant is directed to implead the
informant as respondent no. 2 in this case during course of the day.
2. This Criminal Appeal has been filed on behalf of the
appellants challenging the judgment of conviction dated 23.01.2025
and sentence dated 27.01.2025 passed by Sri Manish Ranjan,
learned Additional Judicial Commissioner-II-cum-Special Judge,
Cyber Crimes, Ranchi in connection with Cyber Crime Case No. 11
of 2022 arising out of Cyber Crime P. S. Case No. 18 of 2022 by
which the appellant has been convicted for the offences under
Sections 419/420/120B of the Indian Penal Code and Section 66
(C) and 66 (D) of the Information Technology Act and sentenced to
undergo R. I. for a period of three (3) years for the offence under
Section 419 of the Indian Penal Code and sentenced to undergo
R. I. for a period of three (3) years each for the offences under
Sections 420 of the Indian Penal Code and Section 66 (C) and 66
(D) of the Information Technology Act and to pay fine Rs. 10,000/-
(Rs. Ten Thousand) each i.e. total Rs. 30,000/- respectively.
However, all the sentences have been directed to run
concurrently.
3. I. A. No. 2573 of 2025 has been filed on behalf of the
appellant for suspension of sentence and for grant of bail to the
appellant.
4. Heard learned counsel for the appellant and learned
counsel for the State.
5. At the outset, learned counsel for the appellant has
submitted that without entering into the merit of the case, the
appellant is in custody since 23.09.2022 i.e. for more than two (2)
years and eight (8) months and has completed sentenceof two (2)
years and around nine (9) months out of three (3) years R.I. It is
further submitted that the appellant is ready to deposit Rs. 1,00,000/-
(Rs. One Lakh) in the name of the informant-Mathius Dungdung i.e.
respondent no. 2 and is also ready to pay the fine amount of Rs.
30,000/- i.e. total Rs. 1,30,000/- at the time of furnishing the bail
bonds before the learned Court below. and hence, the appellant may
be enlarged on bail.
6. On the other hand, learned counsel for the State has
opposed the prayer for bail and has submitted that there is recovery
of Credit Cards from the house of the appellant and the appellant has
committed cyber crime and cheated the informant a sum of Rs.
12,09,659/- from his four Bank Accounts and hence, the prayer for
bail of the appellant may be rejected.
7. Perused the Lower Court Records and considered the
submission of learned counsel for the both the sides.
8. It appears that the appellant had got issue Credit Cards in
the name of Lal Babu Ansari and Mustafa Ansari.
9. It also appears that there is deduction of Rs. 12,09,659/-
from the four Bank Account of the informant.
10. Considering the fact that the appellant has almost served
the sentence around two (2) years and around nine (9) months out of
three (3) years R.I. and is ready to deposit Rs. 1,30,000/- at the time
of furnishing the bail bonds in the name of the Respondent no. 2-
Mathius Dungdung, during pendency of this Appeal, the appellant-
Akhtar is directed to be released on bail on furnishing bail bonds of
Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the
like amount each to the satisfaction of Sri Manish Ranjan, learned
Additional Judicial Commissioner-II-cum-Special Judge, Cyber
Crimes, Ranchi/ or his Successor Court in connection with Cyber
Crime Case No. 11 of 2022 arising out of Cyber Crime P. S. Case
No. 18 of 2022 subject to the condition that one the bailors must be
own relative of the appellant and subject to further condition that the
appellant shall deposit the Demand Draft of Rs. 1,30,000/- in the
name of the Respondent no. 2, Mathius Dungdung before the learned
Court below and the learned Court below shall disburse the same in
favour of the Respondent no. 2, Mathius Dungdung on filing such an
application by the Respondent no. 2, Mathius Dungdung and the
appellant shall file an Undertaking before the learned Court below
that he will not get indulged in such type of crime in future again,
otherwise prosecution will be at liberty to take steps for cancellation
the bail of the appellant and further subject to the condition that the
appellant and his bailors shall also furnish their respective mobile
numbers and self-attested copy of their Aadhar Cards before the
learned Court below, which they will always keep active and will not
change it, during the pendency of this appeal, without prior
permission of the Court and the appellant shall remain present before
this Court at the time of final hearing of this appeal.
11. Thus, I. A. No. 2573 of 2025 is allowed and stands
disposed of.
12. Let a copy of this order be sent to the office of Senior
Superintendent of Police, Dhanbad as well as to the office
Superintendent of Police, East Champaran (Motihari) State of Bihar
to watch the conduct of the appellant in future.
Cr. Appeal (S.J.) No. 231 of 2025
13. Issue notice to the respondent no. 2 under registered cover
with A/D and ordinary process and for which requisites etc. must be
filed within one week from today.
14. Put up this case on 26.08.2025 under the appropriate
heading.
(Sanjay Prasad, J.)
Kamlesh/
