The High Court allowed bail to Suresh Mandal in a cheating case pending in District Rampur, U.P., citing jail overcrowding and his clean criminal record as key factors.
Applicant released on bail subject to furnishing a personal bond and two sureties on specific conditions.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
1
Reserved On:- 22.03.2023 Delivered On:- 28.03.2023
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 1053 of 2023 Applicant :- Suresh Mandal Opposite Party :- State of U.P. Counsel for Applicant :- Ashutosh Counsel for Opposite Party :- G.A.
Hon'ble Siddharth, J.
2
larger mandate of the Article 21 of the Constitution of India; considering the dictum of Apex Court in the case of Satendra Kumar Antil vs. C.B.I., passed in S.L.P (Crl.) No. 5191 of 2021 ; considering 5-6 times overcrowding in jails over and above their capacity by the under trials and without expressing any opinion on the merits of the case, the Court is of the view that the applicants have made out a case for bail. The bail application is allowed.
(i) The applicant shall not tamper with the evidence or threaten the witnesses.
(ii) 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 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.
(iii) The applicant shall remain present before the Trial Court on each date fixed, either personally or as directed by the Court. In case of his absence, without sufficient cause, the Trial Court may proceed against him under Section 229-A of the Indian Penal Code.
(iv) 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 applicants fail to appear before the Court on the date fixed
3
in such proclamation then the Trial Court shall initiate proceedings against him in accordance with law under Section 174-A of the Indian Penal Code. (v) 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 absence of the applicant is deliberate or without sufficient cause, then it shall be open for the Trial Court to treat such default as abuse of liberty of bail and proceed against him in accordance with law.
In case, of breach of any of the above conditions, it shall be a ground for cancellation of bail.
Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.
Order Date :- 28.03.2023 Rohit
Digitally signed by :- ROHIT DAS High Court of Judicature at Allahabad
2 issues framed by the court
Whether the applicant is entitled to bail considering overcrowding in jails and a speedy trial under Article 21
Whether the allegations of misuse of a bank account by co-accused justify denying bail to an accused with no prior record
Colour shows how this judgement treated each authority
Satendra Kumar Antil vs. C.B.I.Distinguished¶11
Satendra Kumar Antil vs. C.B.I., S.L.P (Crl.) No. 5191 of 2021
Suresh Mandal
State of U.P.
Siddharth
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
Siddharth
Parties & counsel
