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2025 DAILYLAW 187006 (ALL)

RAHUL MANDAL v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO.

/9049/2025 · 2025-11-20

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 9049 of 2025 Court No. - 15 HON'BLE KARUNESH SINGH PAWAR, J. Heard learned counsel for the applicant, learned AGA for the State and perused the record. Learned counsel for the applicant submits that, arising out of a single arrest, seven cases have been registered against the applicant, who has no prior criminal antecedents. It is further submitted that the alleged recovery of Rs. 1,22,500/- and a black mobile phone has no nexus with the present offence and that the money belongs to the applicant. The offence is triable by the Magistrate. Learned counsel for the applicant submits that the co-accused Bunty Mandal and Chhotu Mahto who were assigned the similar role have been enlarged on bail by this Court vide order dated 14.11.205 passed in criminal misc. bail application No. 10386 of 2025. Learned counsel for the applicant seeks parity with the order of the co-accused persons. It is further submitted that there is no possibility of the applicant of fleeing away after being released from jail or tampering with the witnesses. In case the applicant is enlarged on bail, he shall not misuse the liberty of bail. Learned AGA opposes the bail application, stating that the charge sheet has already been filed. Having considered the fact that no test identification parade was conducted; Versus Counsel for Applicant(s) : Shyamendra Singh, Shiv Om, Tej Singh Counsel for Opposite Party(s) : G.A. Rahul Mandal .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko. .....Opposite Party(s) there is no independent witness to the alleged recovery; the recovered mobile phone does not, prima facie, appear to be connected with the offence in question; co-accused persons have been granted bail and the charge sheet has been filed, coupled with the fact that the applicant is in custody since 28.06.2025, I am of the view that the applicants has made out a fit case for grant of bail on the ground of parity. Accordingly, the bail application is allowed on the ground of parity. Let the applicant Rahul Mandal, involved in Case Crime No-176/2025, U/S-303(2), 317 (2), BNS and section 66-C, 66-D I.T. Act, Police Station- Cantt, District- Ayodhya/Faizabad, 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 with the following conditions which are being imposed in the interest of justice:- (i) The applicant will not tamper with the evidence during the trial. (ii) The applicant will not pressurize/ intimidate the prosecution witness. (iii) The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence. (iv) 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. (v) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him in accordance with law. (vi) 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. (now Section 84 BNSS) is issued and the applicant fails to appear before the court on the BAIL No. 9049 of 2025 2 date fixed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law under Section 174-A IPC (now Section 209 of BNS). It is clarified that the observations made in this order are confined to the present bail application and shall have no bearing on the merits of the trial. November 20, 2025 R.C. BAIL No. 9049 of 2025 3 (Karunesh Singh Pawar,J.) Digitally signed by :- RAM CHANDER YADAV High Court of Judicature at Allahabad, Lucknow Bench