Allahabad High Court
Ashish Kumar vs State Of U.P. on 22 March, 2023
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 88 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 9822 of 2023 Applicant :- Ashish Kumar Opposite Party :- State of U.P. Counsel for Applicant :- Manoj Kumar Rajpal Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J.
Heard Sri A.C. Tiwari, Advocate holding brief of Sri Manoj Kumar Rajpal, learned counsel for the applicant and Dr. S.B. Maurya, learned AGA-I for the State.
The instant bail application has been filed seeking release of the applicant on bail in Case Crime No. 0433 of 2022, under Sections 379, 420, 467, 468, 471, 411 IPC and Section 66/66D I.T. Act, Police Station Baldev, District Mathura during pendency of the trial.
FIR of the present case was lodged under Section 420 IPC against unknown persons and according to the FIR when son of the informant tried to withdraw money from the ATM then his ATM card did not work and the person who was present along with him in the room, changed his ATM card and in very short time total Rs. 1,60,000/- was withdrawn from his account.
Learned counsel for the applicant submitted that applicant was not named in the FIR and during investigation on the basis of police informer applicant and three others were apprehended and it is alleged that from the possession of applicant one mobile phone, one laptop, one micro ATM machine and two swipe machines and number of documents of other persons were recovered and from the possession of rest of accused also such recovery was made but in fact nothing incriminating was recovered from the possession of applicant and on the basis of false recovery applicant along with others was made accused in the present matter. He further submits that along with applicant co-accused Vikram Sharma and Mohd. Salmaan were also arrested and they have already been released on bail and their bail orders have been appended as Annexure Nos.4-5. He further submits that applicant was not having any previous criminal history but after arrest of the applicant in the present matter he was implicated in some other cases. He further submits that applicant in the present matter is in jail since 13.10.2022.
Per contra, learned AGA opposed the prayer for bail and submitted that from the possession of applicant two swipe machines, one micro ATM machine of IDFC Bank was recovered, therefore, this fact suggests that he involved in such type of offence and applicant is also having criminal history of four other cases, therefore, considering the facts and circumstances of the case he should not be released on bail.
I have heard learned counsel for the parties and perused the record of the case.
Applicant was not named in the FIR and he was arrested along with three others on the basis of information furnished by police informer and from the possession of applicant documents of some others persons were recovered and same recovery was made from other co-accused persons and it is further alleged that from the possession of applicant one Micro ATM machine and two Swipe Machines were recovered. Although recovery of the machines were not made individually from the possession of rest of accused persons but they were arrested along with applicant, therefore, applicant cannot be attributed alone for the entire recovery which was recovered either from his possession or from the possession of other co-accused persons. The two co-accused persons Vikram Sharma and Mohd. Salmaan have already been released on bail and they were arrested along with applicant and from the perusal of their bail orders, it appears that while granting bail the co-ordinate Benches of this Court disbelieved the recovery on the ground that no public witness was taken, therefore, considering the fact that applicant was not put for identification parade and co-accused persons have already been released on bail and in the present matter he is in jail since 13.10.2022, in view of this Court, applicant is also entitled to be released on bail.
Therefore, from the discussion made above, in view of this Court, it is a fit case to release the applicant on bail.
Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed.
Let the applicant - Ashish Kumar 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:-
(i) The applicant shall appear before the trial court on the dates fixed, unless his personal presence is exempted.
(ii) The applicant shall not directly or indirectly, make inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or any police officer or tamper with the evidence.
(iii) The applicant shall not indulge in any criminal and anti-social activity.
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.
Order Date :- 22.3.2023 AK Pandey