cancels murder accused's bail for 'band baja dunga' Instagram threat
The
on Tuesday cancelled the bail of a murder accused who allegedly threatened the complainant and his family through Instagram and Facebook messages, including the chilling warning,
"band baja dunga iske chakkar me to sabki"
(Because of this, everyone is going to get destroyed).
Justice Vikram Aggarwal, while allowing the petition filed by complainant Sourabh Narula, noted that the accused had violated the most essential condition of his bail order by threatening the complainant's side. The court also observed that the accused's behavior during a video conference was "."
The Background: Murder Case and Bail
The case stems from an FIR registered on , at , under Sections 302, 323, 341, 427 and relevant sections of the and the . The accused, Suresh @ Binni Sardana, was alleged to have murdered Shyam Lal, a servant of Mukul, who is a cousin of the complainant.
On , a of the High Court granted to Suresh in CRA-S-2999-2025. However, soon after his release, the complainant and his family began receiving threats.
The Threats: "Band baja dunga"
According to the petition, Suresh sent threatening and defamatory messages from his Instagram and Facebook accounts to the complainant and his father. One message to the complainant's sister read:
"band bja dunga iske chakkar me to sabki"
– a threat that the court took seriously. The accused also allegedly threatened the complainant's brother in person on Dhand road and warned that if the complainant deposed in court, he would upload photographs of his sister on social media.
The complainant filed a complaint on , leading to the registration of a fresh FIR (No.72 dated ) under Sections 127(2), 230(1), 351(2), 75(2), and 78 of the . Suresh was arrested and is currently in custody in that case.
Court's Analysis: Violation of
The court, relying on the principles laid down by the in Aslam Babalal Desai v. State of Maharashtra (1993) and Ms. P v. State of Madhya Pradesh (2022), held that is a drastic measure but warranted when the accused misuses liberty by threatening witnesses or interfering with the trial.
Justice Aggarwal observed that the accused's
clearly violated the condition that he not directly or indirectly make any
to any person acquainted with the facts. The court noted,
"He has violated the most essential condition of the order granting bail by threatening the complainant side."
Abnormal Behavior Noted
During the proceedings, the accused appeared through video conference. The court recorded that his behavior was "" and directed the jail authorities to get his mental state examined if required.
Decision: Bail Cancelled
Allowing the petition, the court cancelled the bail granted to Suresh on . The court directed the State to take necessary steps to secure his custody.
Key Observations from the Judgment:
-
"Respondent No.2 cannot be permitted to remain on bail because if it is so permitted, any can take place."
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"He has violated the most essential condition of the order granting bail by threatening the complainant side."
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"When respondent No.2 appeared before this Court through video conference, his behaviour was found to be ."
The judgment serves as a strong reminder that that can be revoked if the accused misuses their freedom, especially by threatening victims or witnesses.