Shashi Mohan Vs State of U.P. — Allahabad HC (2020) — LawSathi Research

Shashi Mohan Vs State of U.P. — Allahabad HC (2020) — LawSathi Research

What the court decided

AI extract

Outcome

Bail application allowed: applicant to be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned, subject to stated conditions; pending restoration of normal court functioning, enlargement permissible on personal bond without sureties, with sureties to be furnished within a month thereafter.

Issue for consideration

Whether the applicant should be released on bail in Case Crime No. 139 of 2018 under Sections 409 IPC, Police Station Dibiyapur, District Auraiya, during pendency of trial.

Court's answer

Bail granted: having considered the material on record, the larger mandate of Article 21 of the Constitution of India and the dictum in Dataram Singh (2018) 3 SCC 22, and without expressing any opinion on the merits, the applicant is to be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned.

Ratio / Principle

Release made subject to conditions: the applicant shall not tamper with prosecution evidence or intimidate/pressurize witnesses, shall cooperate sincerely in trial without seeking adjournments, and shall not indulge in any criminal activity after release.

Key takeaways

If the applicant has been enlarged on short-term bail under the committee constituted under the orders of the Hon'ble Supreme Court, the present bail shall take effect only after the short-term bail period ends.ratio¶14
Till normal functioning of the courts is restored, the applicant may be enlarged on execution of personal bond without sureties; sureties are to be furnished to the satisfaction of the court below within a month after normal functioning of the courts is restored.ratio¶16

Detailed headnote1 paragraphs

Allahabad High Court (Siddharth, J.) allowed Criminal Misc. Bail Application No. 13406 of 2020 and ordered release of the applicant, Shashi Mohan (spelled 'Shahi Mohan' in the body), on bail in Case Crime No. 139 of 2018 under Sections 409 IPC, Police Station Dibiyapur, District Auraiya, where two registers recording Child Welfare Committee meetings were found missing and the applicant, a Class-IV employee, was implicated for the lapse; he had been in custody since 14.03.2020. Bail was granted on a personal bond with two sureties in the like amount, expressly without expressing any opinion on the merits, considering the material on record, the larger mandate of Article 21 of the Constitution of India and the dictum in Dataram Singh v. State of U.P., (2018) 3 SCC 22, subject to conditions (no tampering with prosecution evidence or witnesses, sincere cooperation in trial without adjournments, no fresh criminal activity), breach of any condition being a ground for cancellation. Until normal functioning of the courts is restored, the applicant may be enlarged on personal bond without sureties, furnishing sureties within a month thereafter; if already enlarged on short-term bail under the committee constituted under Supreme Court orders, this bail operates only after that period ends.