Allowed

Chandra Shekhar Mandal and Another v. State of U.P.

Allahabad HC14 Oct 2019BAIL/25630/2019

Case brief

AI extract

What is this about?

In a bail application under the N.D.P.S. Act, the single judge allowed the release of the applicants upon furnishing a personal bond and two sureties each, subject to strict conditions regarding attendance and conduct during the trial proceedings.

What did the court decide?

Release on bail with personal bond and two local sureties each of like amount, subject to compliance with specific conditions of attendance and conduct.

Chandra Shekhar Mandal and Another Vs State of U.P. — Corruption | Allahabad HC (2019)

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Court No. - 75

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 25630 of 2019

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Applicant :- Chandra Shekhar Mandal And Another Opposite Party :- State Of U.P. Counsel for Applicant :- Babu Lal Ram,Virendra Kumar Counsel for Opposite Party :- G.A.

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Hon'ble Mrs. Manju Rani Chauhan,J.

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Heard Sri Babu Lal Ram, learned counsel for the applicants, Sri Sai Girdhar, learned counsel for the State and perused the material on record.

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The instant bail application has been filed on behalf of the applicants, Chandra Shekhar Mandal and Akram Khan with a prayer to release them on bail in Case Crime No. 1 of 2019, under Sections 8/20 N.D.P.S. Act, Police Station- Rohaniya, District- Varanasi , during pendency of trial.

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It is argued by the learned counsel for the applicants that the applicants are innocent and have been falsely implicated in the present case due to ulterior motive. It is further argued that the applicants were arrested by the police party on the spot and 25 packets having 2 kg. 'Ganja' in each were recovered from the joint possession of the applicants. It is next argued that the recovery shown by the Police is false and planted and is not supported by any independent witness. It is next argued that there is no compliance of Section 50 of N.D.P.S. Act. The applicants have no criminal history except the present case and is languishing in jail since 01.01.2019. In case, they are released on bail, they will not misuse the liberty of bail and will cooperate in the trial by all means. Lastly, it is submitted that there is no chance of applicants fleeing away from judicial process or tampering with the witnesses.

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Per contra learned A.G.A. has opposed the bail prayer of the applicant by contending that the innocence of the applicants cannot be adjudged at pre trial stage, therefore, they do not deserves any indulgence. In case the applicants are released on bail they will again indulge in similar activities and will misuse the liberty of bail.

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Considering the material/evidence brought on record, the submissions made by learned counsel for the parties as well as the dictum of Apex Court in the case of Dataram Singh vs. State of U.P. and another, reported in (2018) 3 SCC 22 , let

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the applicants involved in aforesaid case crime be released on bail on their furnishing a personal bond and two local sureties each of the like amount to the satisfaction of the court concerned, subject to the following conditions:-

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(i) The applicants shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law.

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(ii) The applicants shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him under Section 229-A of the Indian Penal Code.

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(iii) In case, the applicants misuses the liberty of bail during trial and in order to secure their presence proclamation under Section 82 Cr.P.C. is issued and the applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law, under Section 174-A of the Indian Penal Code.

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(iv) The applicants shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 313 Cr.P.C. If in the opinion of the trial court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against him in accordance with law.

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It is clarified that the observations, if any, made in this order are strictly confined to the disposal of the bail application and must not be construed to have any reflection on the ultimate merits of the case.

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Order Date :- 14.10.2019 JK Yadav

Chandra Shekhar Mandal and Another v. State of U.P.

Case brief

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Chandra Shekhar Mandal and Another v. State of U.P.

Case brief

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