Sarfaraz vs. The State Of Uttar Pradesh

ITEM NO.9

SUPREME COURT OF INDIA RECORD OF PROCEEDINGS

Petition(s) for Special Leave to Appeal (Crl.) No(s).6207/2023

(Arising out of impugned final judgment and order dated 04-04-2023 in CRMBA No.12066/2022 passed by the High Court of Judicature at Allahabad, Lucknow Bench, Lucknow)

VERSUS

SARFARAZ

Petitioner(s)

THE STATE OF UTTAR PRADESH

Respondent(s)

Date: 13-12-2023 This petition was called on for hearing today.

CORAM :

HON'BLE MR. JUSTICE SURYA KANT HON'BLE MR. JUSTICE DIPANKAR DATTA

	For Petitioner(s) Mr. Nachiketa Joshi, AOR
	Ms. Sucheta Joshi, Adv.
	Ms. Himadri Haksar, Adv.
	Mr. Narayan Dev Parashar, Adv

For Respondent(s) Mr. Sharan Thakur, A.A.G. Mr. Adarsh Upadhyay, AOR Mr. Satwik Misra, Adv. Mr. Siddharth Thakur, Adv. Ms. Keerti Jaya, Adv. Ms. Nazish Fatima, Adv.

UPON hearing the counsel the Court made the following $0$ R D E R

1. The petitioner seeks his enlargement on regular bail in Case Crime/FIR No.393 of 2022, dated 02.08.2022, registered at Police Station Sushant Golf City, District Lucknow, under Sections $153(A)$ , 506, 507, 505(1)(B), 411 IPC and Sections 66 and 66F of the IT Act.

$\mathbf{2}$ The above-stated FIR was lodged on the basis of a threat posed on the social media by Shahid Khan to a highly placed public Quctionary. The Cyber Crime Cell investigated the matter and it 17.30,1515 Found that the petitioner, by concealing his identity, sent the message on 02.08.2022 in the name of Shahid Khan. The petitioner was arrested on 12.08.2022 and he is in custody since then.

3. The investigation is complete and the chargesheet has been filed. In order to ascertain the antecedents of the petitioner, learned Additional Advocate General, State of Uttar Pradesh, was granted time. We are informed that there is no other criminal case found to be registered or pending against the petitioner. He is stated to be a young person in the age group of 21-22 years. Since the entire case depends upon the scientific evidence, the experts' report and/or examination of the officers of the Cyber Crime Cell, it appears, as of now, that the petitioner is not in a position to tamper with the evidence or cause any threat to the witnesses. It goes without saying that if the petitioner indulges in any such activity, it shall amount to misuse of concession of bail, which will follow necessary consequences.

4. We are, thus, of the view that no useful purpose shall be served by keeping the petitioner in judicial custody. The petitioner is, accordingly, directed to be released on bail subject to his furnishing bail bonds to the satisfaction of the Trial Court.

5. The petitioner shall remain present before the Trial Court on each and every date of hearing, failing which an inference of misuse of concession of bail shall be drawn against him. In addition, the petitioner shall report to the Police Station Jurhera, Bharatpur, Rajasthan i.e. the place where he ordinarily resides, once in a fortnight. The Rajasthan Police as well as the Police of the State of Uttar Pradesh shall be at liberty to seek cancellation of bail in case it is found that the petitioner has again attempted to extend any cyber threat to any person. Ordered accordingly.

6. The Special Leave Petition stands disposed of in the above terms.

(SATISH KUMAR YADAV) (PREETHI T.C.) DEPUTY REGISTRAR COURT MASTER (NSH)

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