Allowed

Raju Mandal v. State of U.P.

Allahabad HC4 Mar 2022BAIL/1348/2022

Case brief

AI extract

What is this about?

In Criminal Misc. Bail Application No. 1348 of 2022, this Court allowed bail for the applicant accused of Section 412 I.P.C., who had been in custody since November 28, 2021. The Court observed that the applicant made out a case for bail subject to standard conditions.

What did the court decide?

Release on bail with personal bond and two sureties subject to conditions regarding evidence, witnesses, and appearance before trial court.

Raju Mandal Vs State of U.P. — Bail and Remand | Allahabad HC (2022)

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Court No. - 75

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 1348 of 2022

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Applicant :- Raju Mandal Opposite Party :- State of U.P. Counsel for Applicant :- Shashi Prakash Giri,Abhilasha Singh,Ashutosh Yadav Counsel for Opposite Party :- G.A.

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Hon'ble Subhash Chandra Sharma,J.

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

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It is submitted by learned counsel for the applicant that he is innocent and has been falsely implicated in the present case. F.I.R. was lodged against two unknown person. During investigation, the name of applicant has been brought into light by the police and false recovery of 64 mobile phones have been shown. There is no any criminal history against him. Further submitted that co-accused Pawan Kumar Safi has already been granted bail by coordinate Bench of this Court on 22.2.2022 through Criminal Misc. Bail Application No. 2196 of 2022, since the role of the applicant is not distinguishable with the role of co-accused from whose possession 64 mobile phones were recovered, the applicant is also entitled for bail. He is languishing in jail since 28.11.2021 and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.

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Learned AGA opposed the prayer for bail.

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Keeping in view the nature of the offence, evidence, complicity of the accused, submissions of the learned counsel for the parties and without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.

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Let the applicant Raju Mandal involved in Case Crime No. 468 of 2021, under Section 412 I.P.C., P.S. Farah, District Mathura 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 following conditions.

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The applicant will not tamper with the evidence during the trial.

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The applicant will not pressurize/ intimidate the prosecution witness.

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The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.

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The applicant shall not commit an offence similar to the offence of which he is accused, or suspected of the commission of which he is suspected.

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The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence.

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In case of breach of any of the above conditions, the prosecution shall be at liberty to move bail cancellation application before this Court.

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Order Date :- 4.3.2022 A. Singh

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Digitally signed by ANURAG SINGH Date: 2022.03.05 13:42:55 IST Reason: Location: High Court of Judicature at Allahabad

Raju Mandal v. State of U.P.

Case brief

What is this about?

What did the court decide?

Raju Mandal v. State of U.P.

Case brief

What is this about?

What did the court decide?

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