Allowed¶14

Gultan Mahra v. the State of Jharkhand

Jharkhand HC24 Jun 2024B.A./2193/2024

Case brief

AI extract

What is this about?

Conditional bail allowed — Gultan Mahra — BA No. 2193 of 2024, High Court of Jharkhand (Ranchi), Ratnaker Bhengra J., order dated 24-06-2024 — bail granted despite alleged cyber-cheating case Deoghar (Cyber) PS Case No. 90 of 2023 and claimed 1500+ crime links — bail-bond Rs. 25,000 with two like sureties — conditions: trial attendance, Aadhaar copy with active unchangeable mobile number, last-Saturday monthly police-station reporting for one year with bond-cancellation sanction.

What did the court decide?

Conditional bail granted: release of petitioner on a bail-bond of Rs. 25,000/- with two sureties of the like amount each, subject to trial-attendance, Aadhaar/active-mobile-number, and monthly police-station reporting conditions. ¶14

Gultan Mahra Vs the State of Jharkhand — Jharkhand HC (2024) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether petitioner Gultan Mahra should be released on bail in connection with Deoghar (Cyber) PS Case No. 90 of 2023.

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Ratio / Principle

The court released petitioner Gultan Mahra on bail on execution of a bail-bond of Rs. 25,000/- with two sureties of the like amount each, to the satisfaction of the learned Additional Sessions Judge-II, Deoghar cum Special Judge, Cyber Crime, Deoghar, in connection with Deoghar (Cyber) PS Case No. 90 of 2023.

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Key takeaways

Condition (i): the petitioner shall attend each and every date of trial unless attendance is dispensed with by the learned court below.ratio¶14
Condition (ii): the petitioner shall submit a self-attested photocopy of his Aadhaar card and a mobile number to the court below, keep the number active, and not change it during the pendency of the case without prior permission of the Court.ratio¶15
Condition (iii): the petitioner shall report to the concerned police station on every last Saturday of the month between 01:00 and 05:00 p.m. for one year; failure to report or adverse remarks regarding non-appearance render the bail-bond liable to cancellation, and any exemption from such attendance may be had only after direction from the learned court below.

Detailed headnote1 paragraphs

CONDITIONAL BAIL GRANTED — Criminal Miscellaneous Jurisdiction, BA No. 2193 of 2024, High Court of Jharkhand at Ranchi; Coram: Hon'ble Mr. Justice Ratnaker Bhengra (single-member bench); Order No. 7 dated 24th June, 2024. Petitioner Gultan Mahra applied for bail in connection with Deoghar (Cyber) PS Case No. 90 of 2023, pending before the Additional Sessions Judge-II, Deoghar cum Special Judge, Cyber Crime, Deoghar; petitioner in custody since 21.12.2023 with one criminal antecedent. Petitioner's counsel asserted recovery from petitioner's possession of a Realme Android mobile with Airtel and Jio SIM cards and two extra Vodaphone SIM cards (in the presence of constables) and absence of evidence of cheating; the State's counsel opposed bail, citing more than 1500 crime links found against the petitioner per paragraph no. 82 of the case diary, suspicious operations detected in technical verification, one victim complaint of cheating, and the criminal antecedent. The court nevertheless released the petitioner on a bail-bond of Rs. 25,000/- (two sureties of like amount each) with conditions: (i) attendance at every trial date unless excused by the court below; (ii) submission of a self-attested Aadhaar photocopy and maintenance of an active mobile number not to be changed during pendency without prior court permission; (iii) reporting at the concerned police station every last Saturday between 01:00 and 05:00 p.m. for one year, non-appearance or adverse remarks making the bond liable to cancellation, exemptions permissible only after direction from the court below.

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IN THE HIGH COURT OF JHARKHAND AT RANCHI

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(Criminal Miscellaneous Jurisdiction)

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BA No. 2193 of 2024

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Gultan Mahra ... … Petitioner

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Versus

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The State of Jharkhand … … Opposite Party

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------ CORAM : HON’BLE MR. JUSTICE RATNAKER BHENGRA

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For the Petitioner : Mr. A.K. Choudhary, Advocate For the State : Mr. S.K. Tiwari, APP

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-------- Order No.7/Dated: 24th June, 2024

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When the matter is called out, the learned counsels for the parties have appeared.

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The learned counsel for the petitioner submits that from the possession of the petitioner Realme Android mobile with Airtel and Jio sim card and extra two Vodaphone sim cards were recovered in presence of constables. He has further stated that there is no evidence to suggest that petitioner has cheated any person. The petitioner has only one criminal antecedent and he is in custody since 21.12.2023. Therefore, he may be released on bail.

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The learned counsel for the State has opposed the prayer for bail and submitted that as per paragraph no. 82 of the case diary more than 1500 crime links were found against this petitioner. The petitioner has got one criminal antecedent. In technical verification, suspicious operations were also found and also there is one victim who made complaint of cheating against the petitioner.

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Having heard learned counsels for the parties and in the facts and circumstances of the case, I am inclined to release the above named petitioner on bail, on executing bail-bond of Rs. 25,000/- (Rupees Twenty Five Thousand Only) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge-II, Deoghar -cumSpecial Judge, Cyber Crime, Deoghar, in connection with Deoghar (Cyber) PS Case No. 90 of 2023, subject to the conditions that (i) the petitioner shall attend each and every date of trial unless it is dispensed with by the learned court below (ii) the petitioner shall submit self-attested photocopy of his Aadhar Card and mobile number before the learned court below which he

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will always keep active and will not change it during pendency of the case without prior permission of the Court and (iii)the petitioner shall report to the concerned police station on every last Saturday of the month, between 01:00 and 05:00 p.m. for one year, failing which or if any adverse remarks regarding his non- appearance at the police station, his bail-bond shall be liable to be cancelled. Any exemption to such attendance shall be done so after direction from the learned Court below.

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(Ratnaker Bhengra, J.)

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KNR

Gultan Mahra v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

Gultan Mahra v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

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What the court decided

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Procedural history

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Coram

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