Allowed

Subhankar Mondal v. State of U.P.

Allahabad HC2 Nov 2020BAIL/20950/2019

Case brief

AI extract

What is this about?

High Court Court No. 76 granted bail to the applicant in a crime involving disappearance and alleged abduction. The court held that a prima facie case for bail was made out without expressing an opinion on merits, releasing the applicant on bond with standard conditions.

What did the court decide?

Application allowed; applicant released on bail with furnishing of personal bond and two local sureties subject to specific conditions.

Subhankar Mondal Vs State of U.P. — Bail and Remand | Allahabad HC (2020)

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Court No. - 76

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 20950 of 2019

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Applicant :- Subhankar Mondal Opposite Party :- State of U.P. Counsel for Applicant :- Ramdhan,Archana Kumari,R P Rajan Counsel for Opposite Party :- G.A.

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Hon'ble Ajit Singh,J.

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Heard learned counsel for the applicant, learned A.G.A. for the State and perused the entire record.

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The present bail application has been filed by the applicant in Case Crime No. 18 of 2019 under Sections 363, 366, 376 IPC read with 3/4 of POCSO Act, Police Station - Chaubepur, District Varanasi with the prayer to enlarge the applicant on bail.

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The report of this incident has been lodged by the complainant in connection with disappearance of his sister who had gone to feed cattle. It was alleged in the First Information Report that she was aged about 16 years and was taken away by some unknown persons.

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The contention as raised at the Bar by learned counsel for the applicant is that applicant-accused has been falsely implicated in the present case. Learned counsel for the applicant further submits that the present accused applicant is quite innocent and as per medical report the victim is major. Her age is between 18 to 19 years. It is further submitted that the alleged victim has not supported the prosecution version in her statement recorded under Section 164 Cr.P.C and she has further stated in the statement recorded under Section 164 that she has solemnized marriage with the present accused. It is lastly submitted that the applicant is in jail since 25.02.2019 and that in case he is enlarged on bail, he will not misuse the liberty of bail.

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Learned A.G.A. has opposed the prayer for bail. But he has not disputed that fact that the girl has

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not supported the prosecution version in her statement recorded under Section 164 Cr.P.C.

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Keeping in view the submission of learned counsel for the parties, period of detention of the applicant and all the attending facts and circumstances of the case, without expressing any opinion on the merits of the case, at this stage, prima facie, a case for bail has been made out.

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The prayer for bail is granted. The application is allowed.

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Let applicant Subhankar Mondal involved in the aforesaid crime be released on bail on furnishing a personal bond and two local sureties to the satisfaction of court concerned subject to the following conditions:-

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(1). The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence and 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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(2). The applicant 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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(3). In case, the applicant misuses the liberty of bail and in order to secure his 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 may initiate proceedings against him, in accordance with law, under Section 174-A of the Indian Penal Code.

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(4). The applicant 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 default of this condition is deliberate or without sufficient cause,

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then it shall be open for the trial court to treat such default as abuse of liberty of his bail and proceed against him in accordance with law.

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The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad, self attested by the learned counsel for the applicant along with a self attested identity proof of the said person (preferably Aadhar Card) mentioning the mobile number (s) to which the said Aadhar Card is linked before the concerned Court/Authority/Official.

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The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.

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Order Date :- 2.11.2020 LBY

Subhankar Mondal v. State of U.P.

Case brief

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Subhankar Mondal v. State of U.P.

Case brief

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