Jharkhand High Court
Firoz Ansari vs The State Of Jharkhand on 19 November, 2025
Author: Sanjay Prasad
Bench: Sanjay Prasad
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Cr. Appeal (SJ) No.387 of 2025
....
Firoz Ansari ......Appellant
Versus
The State of Jharkhand ......Respondent
-----
CORAM: HON'BLE MR. JUSTICE SANJAY PRASAD
-----
For the Appellant : Mr. A.K. Choudhary, Advocate
For the State : Mr. Shailendra Kr. Tiwari, Spl.PP
......
th
Order No.06/19 November 2025
I.A. No.5420 of 2025
This Criminal Appeal (SJ) has been filed on behalf of the
appellant by challenging the judgment of conviction and sentence
dated 17.04.2025 passed by Sri Ashok Kumar No.III, learned
Addl. Sessions Judge-II-cum-Special Judge, Cyber Crime Cases,
Deoghar, in Cyber Crime Case No.37 of 2019 arising out of
Mohanpur P.S. Case No.334 of 2017 by which the appellant has
been convicted for the offences under Sections 66(C) of the I.T.
Act and under Section 420/511 of the IPC and sentenced to
undergo S.I. for three (03) years and to pay the fine of
Rs.1,00,000/- and S.I. for three (03) years and six (06) months and
to pay the fine of Rs.25,000/- respectively.
However, all the sentences have been directed to run
concurrently.
2. I.A. No.5420 of 2025 has been filed on behalf of the
appellant for suspension of sentence and grant of bail.
3. Heard learned counsel for the appellant and learned
Spl.PP.
4. Learned counsel for the appellant submitted that the
impugned judgment of conviction and sentence passed by the
learned Court below is illegal, and not sustainable in eye of law. It
is submitted that the appellant is innocent and has committed no
offence. It is submitted that the no loss has been caused to the
victim and the appellant is merely alleged to have attempted for
cyber crime from the victim for asking her the password. It is
submitted that this offence has taken place on 2017 and thereafter,
no case has been instituted against the appellant except one under
Section 147,148,149,341,323,307,332,333,353,382,427,504,506 of
the IPC in connection with Mohanpur P.S. Case No.141 of 2023. It
is submitted that the appellant has remained in custody during trial
since 15.10.2017 to 17.03.2018 i.e. around five (05) months and
thereafter he is in custody since 17.04.2025 i.e. around seven (0&0
months and total for around eleven (11) months and hence he may
be enlarged on bail.
5. On the other hand, learned APP has opposed the prayer
for the bail of the appellant. It is submitted that the appellant has
tried to victimize one person by introducing himself as a Bank
Manager. It is further submitted that the appellant has one another
criminal antecedent in Mohanpur P.S. Case No.141 of 2023. It is
further submitted that several prosecution witnesses i.e. PW-1
namely Bishwanth Singh, PW-2 namely Mukesh Kumar Singh,
PW-6 namely Rajiv Murmu and PW-8 namely Rajesh Bhagat have
supported the prosecution case. It is further submitted that one
another mobile phone was also recovered which was registered in
the name of other person and hence the prayer of bail of the
appellant may be rejected.
6. Having heard learned counsel for both the sides and from
perusal of the records of this case, it appears that the appellant had
tried to commit the offence by attempting to cheat upon one person
by introducing himself as a Branch Manager.
7. It appears from the impugned judgment passed by the
learned Trial Court below that there was no money transaction.
8. It further appears that the Trial Court had recorded the
finding that appellant has forged the documents which was in the
name of Kudus Ansari to obtain the Sim Card.
9. Considering the facts and circumstances of this case and
also considering that the appellant has not indulged in any cyber
activity and he has merely attempted to commit cyber crime with
one person which he could not succeed and also considering the
undertaking given by the appellant as well as his father, the
appellant namely Firoz Ansari is directed to be released on bail,
on furnishing bail bonds of Rs.20,000/- (Rs. Twenty Thousand)
with two sureties of the like amount each, to the satisfaction of Sri
Ashok Kumar No.III, learned Addl. Sessions Judge-II-cum-Special
Judge, Cyber Crime Cases, Deoghar or/his Successor Court in
connection with in Cyber Crime Case No.37 of 2019 arising out of
Mohanpur P.S. Case No.334 of 2017 subject to the condition that
one of the bailers must be the own relative of the appellant and
also subject to the condition that the appellant and his father shall
file their respective undertaking before the learned Court below not
to indulge in such type of crime in future again, and also subject to
the condition that the appellant and his father shall furnish their
respective personal mobile number and Aadhaar card, which shall
not be changed during the pendency of the trial, before the learned
Court below, failing which, the prosecution will be at liberty to
take steps for cancellation of his bail.
10. Thus, I.A. No.5420 of 2025 is allowed and stands
disposed of.
(Sanjay Prasad, J.)
Dated 19.11.2025
Nishant/-
