Court No. - 43
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 20528 of 2021 Applicant :- Saurabh Bindal Opposite Party :- State of U.P.
Counsel for Applicant :- Santosh Kumar Dubey Counsel for Opposite Party :- G.A.
Hon'ble Samit Gopal,J.
Matter taken up through video conferencing.
Heard Sri Santosh Kumar Dubey, learned counsel for the applicant and Sri Virendra Kumar Maurya, learned A.G.A. for the State and perused the material on record.
This bail application under Section 439 of Code of Criminal Procedure has been filed by the applicant- Saurabh Bindal, seeking enlargement on bail during trial in connection with Case Crime No. 514 of 2020, under Sections 306, 120-B I.P.C., registered at Police Station Partapur, District Meerut.
Learned counsel for the applicant argued that the applicant has been falsely implicated in the present case. It is argued that the applicant is the friend of Rahul Saini the husband of Smt. Pooja Saini. It is argued while placing Annexure-2 to the affidavit that a charge-sheet has been submitted against Rahul Saini only under Sections 498-A, 304-B, 120-B I.P.C. and Section 3/4 Dowry Prohibition Act whereas the other 04 named accused persons namely Golu Saini, Smt. Murti Saini and Birju Saini have been exonerated from the present case and subsequently, a charge-sheet, the copy of which has been annexed as Annexure- 3 to the affidavit has been submitted against the applicant under Sections 306, 120-B I.P.C. only. It is argued that the name of the applicant has surfaced for the first time in the statement of Smt. Varkha Verma, the the copy of which has been annexed as Annexure-4 to the affidavit. It is further argued that no ingredient whatsoever of any offence under Section 306 I.P.C. is made out as there is no evidence whatsoever to show any instigation or abetment by the applicant.
It has been assured on behalf of the applicant that he is ready to cooperate with the process of law and shall faithfully make himself available before the court whenever required. The applicant is in jail since 24.01.2021 and there is no likelihood of early conclusion of trial and hence, the applicant may be released on bail during pendency of trial.
Learned A.G.A. has opposed the prayer for bail and argued that the applicant was also instrumental in the present case and as such his name has surfaced in the matter.
After having heard the learned counsel for the parties and perusing the record, it is apparent that initially, the applicant was not named in the first information report which was lodged against 05 named persons out of whom 04 have been exonerated during investigation. The applicant has subsequently been named as an accused and has been made as an accused in the present matter in which charge-sheet has been submitted against him for abetment of suicide, wherein, the husband of the deceased has been charged by the police for offence under Section 304-B and other offences.
Let the applicant- Saurabh Bindal, be released on bail in the aforesaid case crime number on 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 prosecution evidence and will not harm or harass the victim/complainant in any manner whatsoever.
ii) The applicant will abide the orders of court, will attend the court on every date and will not delay the disposal of trial in any manner whatsoever.
(iii) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the date 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.
(iv) The applicant will not misuse the liberty of bail in any manner whatsoever. 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., may be issued and if applicant fails 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 I.P.C.
(v) The applicant shall remain present, in person, before the trial court on dates fixed for (1) opening of the case, (2) framing of charge and (3) 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 and the trial court may proceed against him under Section 229- A IPC.
(vi) The trial court may make all possible efforts/endeavour and try to conclude the trial expeditiously after the release of the applicant.
The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicant to prison.
The bail application is allowed.
The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.
The computer generated copy of such order shall be self attested by the counsel of the party concerned.
The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
Order Date :- 27.5.2021 AS Rathore Digitally signed by Justice Samit Gopal Date: 2021.05.28 16:13:21 IST Reason: Document Owner Location: High Court of Judicature at Allahabad