Allowed

Prashant Mandal v. State of U.P.

Allahabad HC28 Mar 2019BAIL/12683/2019

Case brief

AI extract

What is this about?

The High Court allowed a bail application filed by Prashant Mandal in a Range Case under the Wildlife Protection Act. Considering the circumstances, the Court released the applicant on bail subject to standard conditions including furnishing a personal bond, sureties, and adhering to trial conduct rules.

What did the court decide?

Released on bail on furnishing a personal bond and two reliable sureties subject to conditions regarding tampering with evidence, cooperation with trial, and abstaining from criminal activities.

Prashant Mandal Vs State of U.P. — Bail and Remand | Allahabad HC (2019)

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Court No. - 23

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 12683 of 2019

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Applicant :- Prashant Mandal Opposite Party :- State Of U.P. Counsel for Applicant :- Satendra Kumar Sharma Counsel for Opposite Party :- G.A.

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Hon'ble Rajendra Kumar-IV,J.

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Heard Shri Satendra Kumar Sharma, learned counsel for the applicant, learned A.G.A. for State and perused the material available on record.

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This bail application has been preferred by the accusedapplicant Prashant Mandal, who is involved in Range Case No.17 of 2018-19, under Section 9/51 of the Wild Life Protection Act, 1972, Range Pilibhit, Police Station Kotwali Sadar, District Pilibhit.

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Learned counsel for the applicant submits that the applicant has been falsely implicated in the present case due to ulterior motive. It is next contended that the complaint in question has been filed after about two months from the date of alleged incident for which no plausible explanation has been given by the prosecution. It is further submitted that the no incriminating article has been recovered from the possession or on the pointing out of the applicant. It is further submitted that there is no independent witness of the alleged incident. Co-accused Fakir Chand Mandal has already been granted bail on 09.01.2019 by a coordinate Bench of this Court in Criminal Misc. Bail Application No.1321of 2019. Several other submissions in order to demonstrate the falsity of the allegations made against the applicant have also been placed forth before the Court. The circumstances which, according to the counsel, led to the false implication of the accused has also been touched upon at length. It is next submitted that the applicant is neither a previous convict nor he has any previous criminal history and he is languishing in jail since 18.02.2019. It is further submitted that there is no possibility of the applicant of fleeing away from the judicial process or tampering with the witnesses. In case the applicant is enlarged on bail, he shall not misuse the liberty of bail.

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Learned A.G.A. has opposed the prayer for bail but did not dispute the factual submissions made by the learned counsel for the applicant.

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Considering the facts and circumstances of the case and rival

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contention of learned counsel, without commenting upon the merit of the case, I am of the opinion that the applicant is entitled to be released on bail.

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Accordingly, bail application is allowed.

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Let applicant Prashant Mandal be released on bail in the aforesaid case crime on his furnishing a personal bond and two reliable sureties to the satisfaction of the court concerned subject to the following conditions:-

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The applicant shall not tamper with the evidence or threaten the witnesses.

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The applicant shall co-operate with the trial and shall not seek any adjournment on the dates fixed for charge, evidence when the witnesses are present in the court, statement under Section 313 Cr.P.C. and argument.

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During trial, he shall not indulge in any criminal activities.

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In breach of any condition enumerated above, Trial Court shall be at liberty to treat it as abuse of liberty of bail and pass appropriate orders in accordance with law.

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Order Date :- 28.3.2019 I.A.Siddiqui

Prashant Mandal v. State of U.P.

Case brief

What is this about?

What did the court decide?

Prashant Mandal v. State of U.P.

Case brief

What is this about?

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