Allowed

Pramod Kumar Mandal Alias Pramod Mandal v. State of U.P.

Allahabad HC10 Apr 2023BAIL/59980/2022

Case brief

AI extract

What is this about?

This is a bail application where the court granted bail to the applicant despite allegations of on-line fraud. The court relied on Article 21, the Satendra Kumar Antil judgment, jail overcrowding, and speedy trial mandates, allowing the application on personal and two sureties bond with strict conditions to appear and not tamper with evidence.

What did the court decide?

The applicant released on bail on furnishing a personal bond and two sureties each, subject to conditions to appear in court, not tamper with evidence, and conclude trial within one year.

Pramod Kumar Mandal Alias Pramod Mandal Vs State of… — Cheating and Forgery | Allahabad HC (2023)

¶1

Court No. - 85

¶2

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 59980 of 2022

¶3

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

¶4

Hon'ble Siddharth,J.

¶5

Heard Sri Manoj Kumar Chandel, Advocate, who has filed vakalatnama on behalf of the applicant and learned A.G.A. for the State.

¶6

First information report was lodged against one named accused, Radheshyam Tripathi, on the allegation that he has committed on line fraud and fraudulently withdrawn Rs.40,18,778.39. During investigation the applicant was found to be involved in this case.

¶7

Learned counsel for the applicant submits that the applicant has no connection with the present case. He was arrested in case crime no.30 of 2021, under Sections 419, 420, 467, 468, 471, 120B IPC read with 66/66C and 43 of Information Technology Act, Police Station Cyber Crime, District Lucknow and then he was implicated in 11 more cases including the present case. He has submitted that he was arrested at Kolkatta along with co-accused, Mantu Kumar Mandal and recovery of one mobile phone and Rs.500/- was made from him. Thereafter he was made to confess to the involvement in the present case by the police and he has been falsely implicated. Applicant is in jail since 12.08.2021 and has been enlarged on several cases.

¶8

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

¶9

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.

¶10

Let the applicant, Pramod Kumar Mandal, involved in Case Crime No.51 of 2021, under Sections 417, 420 I.P.C & Section 66D of Information Technology Act, Police Station Cyber Crime, District- Varanasi be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions. Further, before issuing the release order, the sureties be verified.

¶11

(i) The applicant shall not tamper with the evidence or threaten the witnesses.

¶12

(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.

¶13

(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.

¶14

(iv) In case the applicant misuse 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 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.

¶15

(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.

¶16

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.

¶17

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

¶18

The trial court is directed to conclude the trial against the applicant as expeditiously as possible, preferable within a period of one year from the date of production of certified copy of this order.

¶19

Registrar (compliance) is directed to communicate this order to the trial court concerned within a week.

¶20

Order Date :- 10.4.2023 SS

¶21

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

Pramod Kumar Mandal Alias Pramod Mandal v. State of U.P.

Case brief

What is this about?

What did the court decide?

Pramod Kumar Mandal Alias 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

Cases cited

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Amit Rajpoot Vs State of U.P.

Islam Vs State of U.P.

Rajkumar Chauhan Vs State of U.P. and 3 Others

Nawab Vs State of U.P.

Mohd Nashid @ Mohd Nashit Vs State of U.P. and Another

Basaruddin Vs State of U.P. and Another