PATNA HIGH COURT ISSUES ORDER ON VIKASH SHARMA V/S THE STATE OF BIHAR

PATNA, India, May 29 -- Patna High Court issued the following order on May 1:

Heard learned counsel for the petitioner and the learned Additional Public Prosecutor for the State.

2. The petitioner seeks regular bail in connection with Saran Cyber P.S. Case No. 344 of 2024, registered for the offences punishable under Sections 303(2), 318(4) and 319(2) of the B.N.S. and under Sections 66(c) and 66(d) of the I.T. Act.

3. The prosecution case is to the effect that the informant, namely, Vikash Kumar gave a written report stating therein that he was duped of Rs.45,86,000/- (Rupees forty-five lakh and eighty-six thousand) by the named accused persons, namely, Tushar Pal and Akansha Singh in whose account he had transferred the aforesaid amount and on such allegation the present case was initiated.

4. Learned counsel for the petitioner submits that the petitioner is not named in the F.I.R., and during course of investigation his name has surfaced from the call details of the co-accused Tushar Pal with whom the petitioner is said to have contacted on telephone between 17.08.2024 to 12.12.2024. He further submits that the petitioner has no concern whatsoever with the said Tushar Pal and he was in contact with him on account of his personal issues and he is a student of B.A.M.S. which is evident from the perusal of the Annexure-3 of the bail application. The learned counsel further submits that there is nothing incriminating which has been recovered from the petitioner to connect the petitioner with such fraudulent act done by the said Tushar Pal and his sister-in-law, namely, Akansha Singh. He further submits that there is nothing on record to suggest that the petitioner has received any of the amount which has been borne out of such transaction. The learned counsel lastly submits the petitioner has clean antecedent and he is languishing in jail since 23.12.2024.

5. Learned APP for the State has vehemently opposed the prayer for bail of the petitioner and has stated that the petitioner is a part of the gang which operates and dupes innocent persons of their valuables and as such he does not deserve the liberty of bail.

6. Considering the aforesaid submissions made by the respective parties and taking into account the fact that there is nothing incriminating which has been recovered from the petitioner barring the CDR which suggest that the petitioner is in touch with the said accused Tushar Pal and also taking into consideration the clean antecedent and the period of custody undergone, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the court of learned Judicial Magistrate, 1st Class, Saran at Chapra in connection with Saran Cyber P.S. Case No. 344 of 2024 subject to the the following conditions:-

(i) One of the bailors will be a close relative of the petitioner. (ii) The petitioner will remain present on each and every date fixed by the Court below, if so required by the learned Trial Court. (iii) In case of absence on two consecutive dates or in violation of the terms of the bail, the bail bond of the petitioner will be liable to be canceled by the Court concerned.

Disclaimer: Curated by HT Syndication.