The court granted bail to the applicant Suraj Saini in a criminal case involvingIPC 147,148,149,302,307 offences. The court relied on the reformative theory of punishment and a Supreme Court precedent, setting bail conditions including a monetary bond and sureties.
The applicant is released on bail on furnishing a personal bond and two sureties in like amounts.
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Court No. - 70
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 11035 of 2020
Applicant :- Suraj Saini Opposite Party :- State of U.P. Counsel for Applicant :- Gaurav Kakkar Counsel for Opposite Party :- G.A.
Hon'ble Vivek Kumar Singh,J.
Heard Sri Gaurav Kakkar, learned counsel for the applicant, Sri Azad Singh learned AGA, appearing for the State and perused the material brought on record.
It is contended that applicant is innocent and has been falsely implicated in the present case due to ulterior motive. It is next contended by the learned counsel for the applicant that the informant out of sheer vengeance has falsely implicated the entire family of main accused. It is next contended that co-accused persons namely Smt. Vimlesh Saini and Sunny Saini have been granted bail by another Bench of this Court vide order dated 17.12.2019 and 4.3.2020 passed in Crl. Misc. Bail Application No. 55475 of 2019 and 8239 of 2020 respectively, copies of which has been produced before the Court which are taken on record, and the case of the applicant stands on identical footing, hence the applicant is also entitled for bail on the ground of parity. The applicant has no criminal history. The applicant is in jail since 20.8.2019.
Learned A.G.A. has vehemently opposed the prayer without disputing the fact that co-accused has been granted bail.
Having heard the submissions of learned counsel of both sides, nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence, prima facie satisfaction of the Court in support of the charge, reformative theory of punishment, and larger mandate of the Article 21 of the Constitution of India, the dictum of Apex Court in the case of Dataram Singh v. State of U.P. and another, reported in (2018) 2 SCC 22 and without expressing any opinion on the merit of the case, I find it to be a case of bail.
Let applicant- Suraj Saini, be released on bail in Case Crime No.285 of 2019, under Sections- 147, 148, 149, 452, 302, 307, 323, 504 IPC, Police Station- Kotwali Nagar, District- Saharanpur, on furnishing a personal bond and two sureties each in the like amount to the satisfaction of magistrate/court concerned, subject to following conditions:-
(i) The applicant will co-operate with the trail and remain present personally on each and every date fixed after release. (ii) The applicant will not tamper with the prosecution evidence and will not delay the disposal of trial in any manner whatsoever.(iii) The applicant will not indulge in any unlawful activities. (iv) The applicant will not misuse the liberty of bail in any manner whatsoever.
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.
It is clarified that the observations, if any, made in this order are strictly confined to the disposal of this bail application and must not be construed to have any reflection on the ultimate merits of the case.
Order Date :- 17.3.2020
ssm
2 issues framed by the court
Whether the applicant is entitled to the relief of bail.
Whether the applicant's plea of parity with co-accused warrants bail.
Colour shows how this judgement treated each authority
Dataram Singh v. State of U.P.Referred¶8
Dataram Singh v. State of U.P. and another, reported in (2018) 2 SCC 22 · Who else cites this
Suraj Saini
State of U.P.
Vivek Kumar Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
