Court No. - 41
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 42626 of 2018 Applicant :- Annu Balmiki @ Himanshu Opposite Party :- State Of U.P.
Counsel for Applicant :- Syed Shahnawaz Shah Counsel for Opposite Party :- G.A.
Hon'ble Harsh Kumar,J.
Counter affidavit filed by learned A.G.A. and rejoinder affidavit filed by learned counsel for the applicant today in Court, are taken on record.
Exemption Application No. 1A/1 is allowed.
Heard learned counsel for the applicant, learned A.G.A. and perused the record.
Learned counsel for the applicant contended that the applicant is not named in the F.I.R. and has been falsely implicated on the basis of statement of first informant Satpal Singh u/s 161 Cr.P.C. in which though role of causing fire arm injury to Ajai deceased has been assigned to Shadab, in place of Danish, applicant and others were also alleged to be involved in the incident in question; that the applicant has not been assigned with any active role of firing; that all the co-accused persons who were named in F.I.R. or whose names were introduced during investigation have been granted bail viz. co-accused Amir Ghazi, Arman Quraishi, Abhishek @ Nemu Pandit, Chotu @ Bhoora @ Satyam, Hazi Galla Alias Hazi Naeem and Nikhil Kumar have been granted bail by other Benches of this Court vide orders dated 10.08.2018, 20.08.2018, 02.08.2018, 19.07.2018, 28.06.2018 and 25.10.2018 passed in Criminal Appeal Nos. 2947 of 2018, 2790 of 2018, 2070 of 2018, 2253 of 2018, 3412 of 2018, 32689 of 2018 respectively; copies of which have been produced for perusal; that applicant has explained his criminal history in para-24 of the affidavit given in support of the bail application; that the applicant undertakes that he will not misuse the liberty of bail; that the applicant is in custody since 09.09.2018.
Learned A.G.A. opposed the prayer of bail.
Upon hearing learned counsel and perusal of record and considering the complicity of accused, severity of punishment; grant of bail to co-accused as well as totality of facts and circumstances, at this stage without commenting on the merits of the case, I find it a fit case for bail.
Let the applicant Annu Balmiki @ Himanshu be released on bail in Case Crime No. 39 of 2018, under Sections 302, 147, 148, 149, 120-B I.P.C., Police Station Delhi Gate, District Meerut, 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 trial and remain present personally on each and every date fixed for framing of charge, recording of evidence as well as recording of statement under Section 313 Cr.P.C. or through counsel on other dates and in case of absence without sufficient cause, it will be deemed that he is abusing the liberty of bail enabling the court concerned to take necessary action in accordance with the provisions of Section 82 Cr.P.C. or Sections 174A and 229A I.P.C.
(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.
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.
Order Date :- 30.11.2018 Ashok Gupta