Allowed

Smt. Maina Mandal v. State of U.P.

Allahabad HC27 Sept 2023BAIL/55734/2022

Case brief

AI extract

What is this about?

The Allahabad High Court allowed the second bail application of Smt. Maina Mandal, an accused of abetting suicide. Despite rejecting the first bail, the Court granted release on bond and sureties, citing jail overcrowding, the right to speedy trial under Article 21, and without expressing an opinion on the merits.

What did the court decide?

Applicant to be released on personal bond and two sureties subject to specified conditions regarding trial attendance and non-tampering with evidence.

Smt. Maina Mandal Vs State of U.P. — Cheating and Forgery | Allahabad HC (2023)

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Neutral Citation No. - 2023:AHC:188333

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Court No. - 64

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 55734 of 2022

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Applicant :- Smt. Maina Mandal Opposite Party :- State of U.P. Counsel for Applicant :- Ramendra Kumar Shukla,Jata Shankar Pandey Counsel for Opposite Party :- G.A.

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Hon'ble Siddharth,J.

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Counter affidavit filed by learned AGA is taken on record.

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Heard learned counsel for the applicant and learned A.G.A. for the State.

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This is second bail. First bail application of the applicant was rejected by coordinate bench of this court on 05.08.2022.

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There is allegation against the applicant of abetting of suicide of the deceased.

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Learned counsel for the applicant submits that deceased was having affair with the co-accused, Suraj Mandal, who is son of the applicant. Applicant was not willing to marry her son with the deceased and therefore, she committed suicide. Learned counsel for the applicant further submits that the age of the victim at the time of commission of suicide was 14 years. Applicant being mother of the co-accused could not have allowed her son to marry a minor girl. The son of the victim had just attained majority. Deceased committed suicide without understanding consequences of such relation-ship. Applicant is in jail since 25.05.2022 and has no criminal to her credit.

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Learned AGA has opposed the prayer for bail but could not dispute the above submissions.

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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 noted above; finding force in the submissions made by the learned counsel for the applicant; keeping view the uncertainty regarding conclusion of trial; one sided investigation by police, ignoring the case of accused side; applicant being under trial having fundamental right to speedy trial; larger mandate of the Article 21 of the Constitution of India and recent judgment dated 11.07.2022 of the Apex Court in the case of Satendra Kumar Antil vs. C.B.I., passed in S.L.P (Crl.) No. 5191 of 2021 and 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 applicant has made out a case for bail. The bail application is allowed.

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Let the applicant, Smt. Maina Mandal , involved in Case Crime No.395 of 2018, under Sections 306 I.P.C, Police Station Gajraula, District- Pilibhit be released on bail on her furnishing a personal bond and two sureties each in

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the like amount to the satisfaction of the court concerned subject to following conditions. Further, before issuing the release order, the sureties be verified.

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(i) The applicant shall not tamper with the evidence or threaten the witnesses. (ii) The applicant shall file an undertaking to the effect that she 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.

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(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 her under Section 229-A of the Indian Penal Code.

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(iv) In case the applicant misuse the liberty of bail during trial and in order to secure her presence, proclamation under Section 82 Cr.P.C. is issued and the applicants fail to appear before the Court on the date fixed 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.

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(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 her in accordance with law.

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In case of breach of any of the above conditions, the complainant is free to move an application for cancellation of bail before this court.

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Identity and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted

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Order Date :- 27.9.2023 SS

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Digitally signed by :- SURENDAR SINGH NARANG High Court of Judicature at Allahabad

Smt. Maina Mandal v. State of U.P.

Case brief

What is this about?

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Smt. Maina Mandal v. State of U.P.

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