Allowed

Milan Mandal v. State of U.P.

Allahabad HC30 May 2022BAIL/5681/2022

Case brief

AI extract

What is this about?

The court allowed a bail application filed by Milan Mandal charged under various IPC sections. The applicant was granted release on personal bond and sureties subject to specific conditions regarding attendance and conduct, without expressly addressing rival claims on merits.

What did the court decide?

Applicant released on bail with personal bond and two sureties to the satisfaction of the Magistrate/Court.

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

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Court No. - 49

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 5681 of 2022

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Applicant :- Milan Mandal Opposite Party :- State of U.P. Counsel for Applicant :- Rajeev Kumar Srivastava Counsel for Opposite Party :- G.A.

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Hon'ble Siddhartha Varma,J.

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Heard learned counsel for the applicant as well as learned AGA for the State and perused the record.

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This is an application for bail moved on behalf of the applicant, Milan Mandal, who is involved in Case Crime No. 189 of 2021, under Sections 342, 376, 452, 323 and 506 of I.P.C., Police Station- Vrindavan, District- Mathura.

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Learned counsel for the applicant has contended that the applicant is innocent and has been falsely implicated, the occurrence is alleged to have taken place on 04.03.2021, whereas, FIR was lodged on 06.03.2021 after a great delay of 2 days. Learned counsel states that though the prosecution had tried to explain the delay in the filing of the FIR by saying that the prosecutrix was missing for three days but no missing report was got lodged by the husband. Learned counsel for the applicant has further stated that in the injury report there is no finding with regard to any injury which might have been sustained by the prosecutrix while resisting the offence. It is further contended that there was only one NCR against the applicant but no action was taken on it; the charge-sheet has been submitted in the case and no further investigation is required by the police. It is further submitted that the applicant has no other criminal history and is in jail since 07.03.2021 and if he is released on bail, there is no chance of his absconding or misusing the liberty of bail or tampering with the prosecution witnesses.

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On the other hand, learned A.G.A. opposed the prayer for bail but could not deny the fact that the applicant has no criminal history. He also did not deny that the charge sheet had been submitted.

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In view of the above, without expressing any opinion on the merits of the rival claims, the applicant has made out a case for bail.

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The bail application is, accordingly, allowed.

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Let the applicant, Milan Mandal be released on bail in Case Crime No. 189 of 2021, under Sections 342, 376, 452, 323 and 506 of I.P.C., Police Station- Vrindavan, District- Mathura on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the Magistrate/Court concerned, subject to the following conditions:-

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(i) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in the court.

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In case of default of this condition, it shall be open for the trial court to treat it as an abuse of liberty of bail and pass orders in accordance with law.

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(ii) 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 Panel Code.

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(iii) In case, the applicant misuses the liberty of bail during trial 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

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on such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law, under Section 174-A of the Indian Panel Code.

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(iv) The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case (ii) framing of charges and (iii) recording of statement under Section 313 Cr.P.C. If in the opinion of the trial court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as an abuse of liberty of bail and proceed against him in accordance with law.

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Order Date :- 30.5.2022 vkj

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Digitally signed by VIJAY KRISHNA JAISWAL Date: 2022.06.07 13:30:35 IST Reason: Location: High Court of Judicature at Allahabad

Milan Mandal v. State of U.P.

Case brief

What is this about?

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Milan Mandal v. State of U.P.

Case brief

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