Saurabh v. State of U.P

Court No. - 76 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 26881 of 2023 Applicant :- Saurabh Opposite Party :- State of U.P. Counsel for Applicant :- Amit Rai,Avesh Pratap Singh Counsel for Opposite Party :- G.A. Hon'ble Vikram D. Chauhan,J.

¶1Learned A.G.A. for the State submits that instructions have been received and has no objection in case the bail application is heard on merits.

¶2Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.

¶3It is submitted by learned counsel for the applicant that vide order dated 27.07.2023 this Court had permitted the applicant to deposit the disputed amount of Rs. 5 lacs as was offered by the applicant. Learned counsel for the applicant has filed supplementary affidavit bringing on record the receipt of Rs. 5 lacs by the court below and a copy of demand draft of State Bank of India has also been submitted. The disputed amount has been deposited with the court below and as such the applicant is entitled to be enlarged on bail. The applicant has no criminal history. Applicant is languishing in jail since 06.04.2023 and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in the trial.

¶4Learned A.G.A. for the State has no objection in case the applicant is granted bail.

¶5Learned AGA for the State has not brought any fact or circumstances to indicate criminal history or antecedents of the applicant which would disentitle the applicant for Bail.

¶6It is not the case of the State that the applicant has not cooperated in the investigation or proceedings before the trial court.

¶7The principle that Bail is a rule and Jail is an exception has been well recognised by Apex Court more specifically on the touch stone of Article 21 of the Constitution. The said principle has been reiterated by the Apex Court in Satyendra Kumar Antil Vs. Central Bureau of Investigation and another, 2022 (10) SCC

¶51Learned AGA for the State has not shown any exceptional circumstances which would warrant denial of bail to the applicant.

¶8No material, facts or circumstances has been shown by learned AGA for the State that the accused may tamper with the evidence or witnesses or the accused is of such character that his mere presence at large would intimidate the witnesses or that accused will use his liberty to subvert justice or tamper with the evidence.

¶9It is settled principle of law that the object of bail is to secure the attendance of the accused at the trial. No material particulars or circumstances suggestive of the applicant fleeing from justice or thwarting the course of justice or creating other troubles in the shape of repeating offences or intimidating witnesses and the like have been shown by learned AGA for the State.

¶10Learned AGA for the State has not shown any material or circumstances that the accused/applicant is not entitled to bail in larger interests of the public or State.

¶11Considering the facts and circumstances of the case, nature of offence, evidence, complicity of the accused, submissions of learned counsel for the parties 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.

¶12Let the applicant Saurabh involved in Case Crime No. 319 of 2022, under Sections 420, 406 & 506 IPC, Police Station Chandausi, District Sambhal, be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to the following conditions:- 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 will appear before the trial court on the date fixed, unless personal presence is exempted and/or the applicant shall make himself available for interrogation by a police officer as and when required. iv. The applicant shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected. v. 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. vi. The applicant shall not leave India without the previous permission of the Court. vii. In the event, the applicant changes residential address, the applicant shall inform the court concerned about new residential address in writing. viii. In the event, the informant applies before the court below for release of the amount of Rs. 5 lacs along with interest, deposited in pursuance to the order dated 27.07.2023 of this Court, the court concerned after verifying the same, shall release the amount in favour of the informant towards the full and final settlement of the claim of the applicant. ix. In case, the informant does not turn up to claim the amount, the same shall be remained in fixed deposit account of nationalized bank bearing interest till the conclusion of the trial and shall be released to the party who found to be entitled for the aforesaid amount.

¶13In case of breach of any of the above condition, the prosecution shall be at liberty to move bail cancellation application before this Court. Order Date :- 1.12.2023 S.Prakash High Court of Judicature at Allahabad