Saurabh Barwal vs State Of Uttarakhand

Alok Kumar Verma, J

Present Application has been filed under Section 439 of the Code of Criminal Procedure, 1973 for grant of regular bail in connection with the Case Crime No.111 of 2023, registered at police station Kotwali Laksar, District Haridwar.

The present applicant is in judicial custody under Sections 420, 467, 468, 471 and Section 34 of the Indian Penal Code, 1860.

Heard Mr. Gaurav Singh, Advocate for the applicant (through video conferencing) and Mr. Akshay Latwal, Brief Holder for the State.

Mr. Gaurav Singh, Advocate submitted that the applicant has been falsely implicated in the present matter. He is in judicial custody since 30.01.2023. He is a permanent resident of District Haridwar, therefore, there is no chance of his absconding. He is not a previous convict, and, co-accused persons of similar role have been granted bail by this Court.

Mr. Akshay Latwal, Brief Holder has opposed the Bail Application orally. However, he has conceded that co-accused persons of the similar role have been granted bail by this Court.

Having considered the submissions of learned counsel for both the parties and in the facts and circumstances of the case, no reason is found to keep the applicant behind the bars for an indefinite period, therefore, without expressing any opinion as to the merit of the case, this Court is of the view that the applicant deserves bail at this stage.

The Bail Application is allowed.

Let the applicant – Saurabh Barwal be released on bail on his executing a personal bond and furnishing two reliable sureties, each in the like amount, to the satisfaction of the court concerned on the following conditions:-

(i) Applicant shall attend the Trial Court regularly and he shall not seek any unnecessary adjournment;

(ii) Applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of this case;

It is clarified that if the applicant misuses or violates any of the conditions, imposed upon him, application may be filed to cancel the bail order.