Allowed

Atul Kumar Mahto v. State of U.P.

Allahabad HC5 Apr 2023BAIL/12536/2023

Case brief

AI extract

What is this about?

The Allahabad High Court allowed a bail application filed by Atul Kumar Mahto. Despite the recovery of a micro-ATM and mobile phones from his possession, the court found no evidence that he misused the device. Relying on the lack of evidence of misuse and the bail of co-accused, the applicant was granted release.

What did the court decide?

Applicant released on bail by executing a personal bond and two sureties each in the like amount.

Atul Kumar Mahto Vs State of U.P. — Cheating and Forgery | Allahabad HC (2023)

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Court No. - 88

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 12536 of 2023

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Applicant :- Atul Kumar Mahto Opposite Party :- State of U.P. Counsel for Applicant :- Manoj Kumar Rajpal Counsel for Opposite Party :- G.A.

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Hon'ble Sameer Jain,J.

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Heard Sri Manoj Kumar Rajpal, learned counsel for the applicant and Sri Jhamman Ram, learned AGA for the State-respondent.

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The instant application has been filed seeking release of the applicant on bail in Case Crime No. 0437 of 2022, under Sections 379, 420, 467, 468, 471, 411 IPC and Section 66/66D IT Act, Police Station- Baldev, District- Mathura, during pendency of the trial in the court below.

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FIR of the present case was lodged against the unknown person on 11.10.2022 with regard to the incident dated 3.4.2022 and according to the FIR, on 3.4.2022 from the account of informant Rs. 1,30,000/- were withdrawn by playing fraud.

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Learned counsel for the applicant submitted that FIR of the present case was lodged after about six months and applicant was not named in the FIR and during investigation it is alleged that applicant and three other accused persons were apprehended and they confessed their guilt and from their possession some mobile phones, micro ATM POS machine and other items were recovered.

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He further submitted that entire allegations made against the applicant are totally false and baseless and applicant never indulged in any incident of fraud and cheating and entire recovery made from the possession of applicant is totally false and baseless. He further submitted that along with applicant co-accused Vikram and Salman were also apprehended and from their possession also mobile phone and micro ATM etc. were recovered and they have been released on bail by co-ordinate bench of this Court and their bail orders have been appended along with Annexure Nos. 4 and 5 to the affidavit.

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He further submitted that although,applicant is having criminal history of one more case but his criminal history has been

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explained in the affidavit filed in support of the present bail application and after implication in the present matter, applicant has also been implicated in some other cases and in the present matter, he is in jail since 13.10.2022.

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Per contra, learned AGA opposed the prayer for bail and submitted that apart from the present case and one another case explained in the affidavit, applicant is having criminal history of four other cases but could not dispute the fact that along with applicant, coaccused Salman and Vikram were also apprehended and from their possession also mobile phone, micro ATM and POS machine were recovered and both have already been released on bail and applicant, in the present matter, is in jail since 13.10.2022.

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I have heard learned counsel for the parties and perused the record of the case.

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Although, from the possession of applicant, it appears that two mobile phones, one micro ATM POS machine and some other items were recovered but there is no evidence on record which can show that applicant ever misused the alleged micro ATM POS machine.

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Further, along with applicant co-accused, Salman and Vikram were also apprehended and from their possession also micro ATM POS machine were recovered and they have been released on bail.

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Further, applicant is having some criminal history to his credit but it appears that apart from the case explain in the affidavit, in some other cases he was made accused after arrest in the present matter and in the present matter, he is in jail since October, 2022, therefore in my view applicant is entitled to be released on bail.

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Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed .

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Let the applicant- Atul Kumar Mahto be released on bail in the aforesaid case on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:-

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(i) The applicant shall appear before the trial court on the dates fixed, unless his personal presence is exempted.

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(ii) The applicant shall not directly or indirectly, make inducement, threat or promise to any person acquainted with the facts of the

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case so as to dissuade him from disclosing such facts to the Court or any police officer or tamper with the evidence.

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(iii) The applicant shall not indulge in any criminal and anti-social activity.

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In case of breach of any of the above condition, the prosecution will be at liberty to move an application before this Court for cancellation of the bail of the applicant.

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Order Date :- 5.4.2023

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KK Patel

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Digitally signed by :- KRISHN KANT PATEL High Court of Judicature at Allahabad

Atul Kumar Mahto v. State of U.P.

Case brief

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Atul Kumar Mahto v. State of U.P.

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