Dismissed

Pramod Mandal v. State of U.P.

Allahabad HC6 Feb 2023BAIL/59969/2022

Case brief

AI extract

What is this about?

The High Court rejected the bail application of Pramod Mandal in an NCB cyber fraud case involving IPC 420 and IT Act 66D. The court dismissed bail, citing flight risk and offence gravity, and directed expeditious trial within one year with strict coercive measures against witnesses. Order date 6.2.2023.

What did the court decide?

Bail dismissed; trial court directed to conclude trial within one year with expeditious hearing timeline.

Pramod Mandal Vs State of U.P. — Cheque Dishonour | Allahabad HC (2023)

¶1

Court No. - 74

¶2

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 59969 of 2022

¶3

Applicant :- Pramod Mandal Opposite Party :- State of U.P. Counsel for Applicant :- Prateek Sinha,Bipin Kumar Jaiswal Counsel for Opposite Party :- G.A.

¶4

Hon'ble Ajay Bhanot,J.

¶5

By means of this bail application the applicant has prayed to be enlarged on bail in NCB Crime No. 48 of 2021, under Sections 420 I.P.C. and Section 66 D of IT Act, police Station Cyber Crime, Police Station Varanasi. The applicant is in jail since 12.08.2021.

¶6

The bail application of the applicant was rejected by learned trial court on 05.09.2022.

¶7

The informant is a pensioner. The applicant fraudulently withdrew huge amounts from the informant's bank account. Cyber theft is a grave menace to the society. The offending mobile from which fraudulent transactions were made, was recovered from the applicant. The said transactions are often conducted from different states to lead the investigators astray. The applicant is a flight risk. The offence is grave. There is likelihood that the applicant had committed the offence. At this stage, no case for bail is made out.

¶8

Without going into the merits of the case, the bail application is dismissed.

¶9

Considering the gravity of the offence, interest of

¶10

justice will be served by directing the learned trial court to expedite the trial within a stipulated period of time.

¶11

The trial court is directed to conclude the trial within a period of one year from the date of receipt of a certified copy of this order. The learned trial court shall proceed with the hearing on a day to day basis to ensure that the above stipulated timeline of one year is strictly adhered to. All witnesses and counsels are directed to cooperate with the trial proceedings.

¶12

The trial court has also to be conscious of the rights of the accused persons and is under obligation of law to ensure that all expeditious, necessary and coercive measures as per law are adopted to ensure the presence of witnesses. Counsels or parties who delay or impede the proceedings should not only be discouraged from doing so but in appropriate cases exemplary costs should also be imposed on such parties/ counsel.

¶13

The learned trial court shall promptly take out all strict coercive measures against all the witnesses in accordance with law who fail to appear in the trial proceeding. Counsels or parties who delay or impede the proceedings should not only be discouraged from doing so but in appropriate cases exemplary costs should also be imposed on such parties/ counsel.

¶14

Police and administrative authorities of the State are also directed to ensure that the coercive measures adopted by the court are promptly executed to ensure

¶15

the presence of the witnesses on the appointed date before the trial court.

¶16

The trial judge shall submit a fortnightly report on the progress of trial and the steps taken to comply with this order to the learned District Judge.

¶17

A copy of this order be communicated to the learned trial judge through the learned District Judge, Varanasi by the Registrar (Compliance) by FAX.

¶18

Order Date :- 6.2.2023 Dhananjai

¶19

Digitally signed by :- DHANANJAI High Court of Judicature at Allahabad

Pramod Mandal v. State of U.P.

Case brief

What is this about?

What did the court decide?

Pramod Mandal v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

Rahul Vs State of U.P.

Firoz @ Golu Vs State of U.P.

Afzal Vs State of U.P.

Arindam Bose Vs State of U.P.

Jagdish Vs State of U.P.

Shiv Sankar Alias Shankar Vs State of U.P.