Dileep Mandal v. State of U.P

Court No. - 74 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 47059 of 2023 Applicant :- Dileep Mandal Opposite Party :- State of U.P. Counsel for Applicant :- Mohammad Shahrum Khan Counsel for Opposite Party :- G.A. Hon'ble Vivek Varma,J.

¶1Heard learned counsel for the applicant and Sri Anupam Anand, learned Brief Holder for the State-opposite party.

¶2The instant bail application under Section 439 Cr.P.C. has been filed with the prayer to enlarge the applicant on bail in Case Crime No. 230 of 2022, under Sections 380, 411 I.P.C., Police Station Govt. Railway Police, District Kanpur Nagar during the pendency of the trial.

¶3Learned counsel for the applicant submits that the applicant was arrested on 09.08.2022 and has been falsely implicated in the instant case. False recovery of two suitcases containing clothes has been shown from the applicant. There is no independent witness to the alleged recovery. Recovered suitcases as well as clothes cannot be connected with the offence. The applicant is in jail since

09.08.2022 having no criminal history and if he is released on bail, he will not misuse the said liberty.

¶4Learned Brief Holder has opposed the prayer for bail but could not satisfactorily dispute the aforesaid submissions from the record.

¶5Having heard learned counsel for the parties and after perusal of the record, this Court prima facie finds that there is no independent witness to the alleged recovery. Recovered suitcases as well as clothes cannot be connected with the offence. The applicant has no criminal antecedents. Moreover, the applicant has remained confined for more than three months and after submission of the charge-sheet there is no hope of early conclusion of trial, and no reasonable apprehension has been brought to the fore by the State that the applicant, if enlarged on bail, would either tamper with the evidence or delay the trial or intimidate the witness, therefore, without commenting on the merits of the case, I am of the opinion that the applicant is entitled to be enlarged on bail.

¶6Let the applicant-Dileep Mandal, involved in the aforesaid case, be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of Court concerned subject to the conditions that he:

(i) shall appear on the date fixed by the trial court;

(ii) shall not tamper with the prosecution evidence;

(iii) shall not pressurize the prosecution witnesses; and,

(iv) shall not leave the country without leave of the trial court.

¶7In case of breach of any of the above conditions, the prosecution shall be at liberty to move bail cancellation application before this Court. Order Date :- 17.11.2023 SKT/- High Court of Judicature at Allahabad