Court No. - 52
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 532 of 2021 Applicant :- Dharmendra Balmiki Opposite Party :- State of U.P.
Counsel for Applicant :- Pramod Kumar,Ram Milan Singh Counsel for Opposite Party :- G.A.
Hon'ble Om Prakash-VII,J.
Heard learned counsel for the applicant, learned A.G.A for the State and perused the record.
It is submitted by learned counsel for the applicant that the applicant is innocent and has been falsely implicated in the present case. It is further argued that applicant is not named in the FIR. Nothing was stated by the informant in the statement recorded under Section 161 Cr.P.C. at initial stage. Investigating Officer recorded second statement of the informant wherein it was disclosed that the applicant had illicit relations with the sister of the deceased and due to that reason applicant committed murder of the deceased. Referring to the aforesaid fact it was further argued that allegations levelled against the applicant is false. None has seen the incident. There is no direct evidence against the applicant. Entire prosecution case is based on suspicion. There is contradiction in the statement of the prosecution witnesses itself. Motive is also not sufficient against the applicant to commit the offence. Applicant is in jail since 12.11.2019 having no criminal history.
On the other hand, learned AGA opposed the prayer for bail.
Considering the facts and circumstances of the case, the submissions made by the learned counsel for the parties and keeping in view the nature of the offence, evidence, complicity of the accused and without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.
Let the applicant Dharmendra Balmiki involved in Case Crime No. 28 of 2020 (Correct No. 252 of 2019), under Sections 302 I.P.C., P.S. Moth, District Jhansi be released on bail on furnishing a personal bond and two heavy sureties each in the like amount to the satisfaction of the court concerned subject to the following conditions :
1. The applicant will not tamper with the evidence during the trial.
2. The applicant will not pressurize/ intimidate the prosecution witness.
3. The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.
4. The applicant shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected.
5. The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence.
6. The party shall file self attested computer generated copy of such order downloaded from the official website of High Court Allahabad.
7. The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
In case of breach of any of the above conditions, the prosecution shall be at liberty to move bail cancellation application before this Court.
Order Date :- 6.4.2021 Sachdeva Digitally signed by Justice Om Prakash Date: 2021.04.06 14:21:04 IST Reason: Document Owner Location: High Court of Judicature at Allahabad