Allowed

Mantoo Pandey v. State of U.P and Another

Allahabad HC14 Dec 2021BAIL/42311/2021

Case brief

AI extract

What is this about?

In bail application CRIMINAL MISC. BAIL APPLICATION No. 42311 of 2021, the court allowed the release of applicant Mantoo Pandey. The applicant was a hostage in a case involving IPC and POCSO charges. The court held a case for bail without expressing an opinion on merits.

What did the court decide?

Released on bail on personal bond and two sureties each, subject to verification of sureties and four specific conditions including non-interference with witnesses.

Mantoo Pandey Vs State of U.P and Another — Child Sexual Offences (POCSO) | Allahabad HC (2021)

¶1

Court No. - 71

¶2

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 42311 of 2021

¶3

Applicant :- Mantoo Pandey Opposite Party :- State Of U.P And Another Counsel for Applicant :- Satyendra Kumar Tripathi Counsel for Opposite Party :- G.A.

¶4

Hon'ble Deepak Verma,J.

¶5

Learned AGA has accepted notice on behalf of opposite party no.1. He next submits that notice on behalf of opposite party no.2 has been served but none has put in appearance in spite of notice.

¶6

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

¶7

The instant bail application has been filed on behalf of the applicant Mantoo Pandey with a prayer to release him on bail in Case Crime No.303 of 2021, under Sections 363, 366, 376(3) I.P.C. & Section 3/4 The Protection of Children From Sexual Offences Act, P.S. Bhelupur, District Varanasi during pendency of the trial.

¶8

It is argued by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in the present case. Initially, First Information Report had been lodged on 17.06.2020 under Section 363 I.P.C. by father of the victim regarding missing of her daughter. Victim was recovered on 22.06.2021. The statement of the victim recorded under section 161 Cr.P.C. is not supporting the version of the First Information Report. In the statement of the victim recorded under section 164 Cr.P.C., she has alleged that she on her own sweet will had left the house of her parents and went to Mumbai where she solemnized marriage with the applicant and lived as husband and wife. He next contended that as per medical report, victim is aged about 17 to 18 years and no allegation of rape is levelled against the applicant. There is no prospect of trial of the present case being concluded in near future due to heavy dockets. The applicant is not a previous convict. The applicant is languishing in jail since 23.06.2021 and in case he is enlarged on bail he will not misuse the liberty of bail.

¶9

Learned A.G.A. has opposed the bail prayer of the applicant.

¶10

Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties and keeping in view the nature of offence, evidence, complicity of accused and

¶11

without expressing any opinion on the merits of the case and the mandate laid down by the Apex Court in the case of Dataram Singh Vs. State of U.P. and another reported in (2018) 3 SCC 22 , the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.

¶12

Let the applicant, Mantoo Pandey be released on bail in Case Crime No.303 of 2021, under Sections 363, 366, 376(3) I.P.C. & Section 3/4 The Protection of Children From Sexual Offences Act, P.S. Bhelupur, District Varanasi on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions. Further, before issuing the release order, the sureties be verified.

¶13

The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.

¶14

The applicant shall cooperate in the trial sincerely without seeking any adjournment.

¶15

The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.

¶16

The applicant shall be enlarged on bail on execution of personal bond without sureties till normal functioning of the courts is restored. The accused will furnish sureties to the satisfaction of the court below within a month after normal functioning of the courts are restored.

¶17

In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.

¶18

Order Date :- 14.12.2021 SKD

Mantoo Pandey v. State of U.P and Another

Case brief

What is this about?

What did the court decide?

Mantoo Pandey v. State of U.P and Another

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Sumit Alias Sumit Kumar Vs State of U.P.

Suryadev Singh Vs State of U.P.

Kali Charan and Another Vs State of U.P. and 2 Others

Archana Devi @ Rachana Devi Vs State of U.P.

Ishrat Vs State of U.P.

Soran Vs State of U.P.