Allowed

Madhav Mandal v. State of U.P.

Allahabad HC14 Dec 2021BAIL/29010/2021

Case brief

AI extract

What is this about?

This judgment grants bail to Madhav Mandal, an applicant charged under Sections 304, 323, and 504 IPC. The court was satisfied regarding his lack of criminal antecedents and the nature of accusations, specifically highlighting a delay in offence registration, and allowed his release on bail.

What did the court decide?

The applicant has been released on bail on executing a personal bond and two reliable sureties each, subject to conditions on conduct and appearance.

Madhav Mandal Vs State of U.P. — Bail and Remand | Allahabad HC (2021)

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Court No. - 75

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 29010 of 2021

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Applicant :- Madhav Mandal Opposite Party :- State of U.P. Counsel for Applicant :- Atul Pandey Counsel for Opposite Party :- G.A.

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Hon'ble Ram Krishna Gautam,J.

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Heard over bail application moved by the applicant, Madhav Mandal, in Case Crime No.368 of 2020, under Sections-304, 323 and 504 I.P.C. Police Station-Neuriya, District-Pilibhit.

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Heard learned counsel for the applicant and learned AGA representing the State. Perused the record.

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Learned counsel for the applicant argued that the applicant is innocent; he has been falsely implicated in this very case crime number and is languishing in jail since 24.03.2021; he is of no criminal antecedent; occurrence was said to be of 04.07.2020, whereas, offence punishable under Sections 323 and 504 I.P.C. got registered on 23.08.2020 i.e. after a delay of one month; subsequently, injured died and this Section 304 I.P.C. was added; the alleged assault was said to be made by the hands and fists; this was a false implication; there is no likelihood of applicant's fleeing from course of justice or tempering with evidence, in case of release on bail; hence bail has been prayed for.

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Learned AGA has vehemently opposed bail, but could not oppose this fact that the applicant is of no criminal antecedents.

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Having heard learned counsel for both the parties, gone through the material placed on record and considering the nature of accusations, severity of the punishment in the case of conviction but without commenting on the merits of the case, a case for bail is made out, accordingly allowed.

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Let the applicant, Madhav Mandal , involved in above mentioned case crime number be released on bail on his executing a personal bond and two reliable sureties each in the like amount to the satisfaction of the court concerned subject to the following conditions:

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The applicant will not tamper with the evidence.

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The applicant will not indulge in any criminal activity.

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The applicant will not pressurize/intimidate the prosecution witnesses and co-operate in the trial.

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The applicant will appear regularly on each and every date fixed by the trial court unless his personal appearance is exempted through counsel by the court concerned.

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In the event of breach of any of the aforesaid conditions, the court below will be at liberty to proceed to cancel his bail.

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Order Date :- 14.12.2021 Deepak/

Madhav Mandal v. State of U.P.

Case brief

What is this about?

What did the court decide?

Madhav Mandal v. State of U.P.

Case brief

What is this about?

What did the court decide?

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