Court No. - 17
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 49009 of 2018 Applicant :- Naresh Balmiki Opposite Party :- State Of U.P.
Counsel for Applicant :- Ashutosh Prasad Shukla Counsel for Opposite Party :- G.A.
Hon'ble Virendra Kumar Srivastava,J.
This bail application has been filed by Naresh Balmiki s/o Tejram Balmiki, R/o Badepur, P.S. Tilhar, District Shahjahanpur for bail in Case Crime No. 671/2018 under Sections 394, 342, 201/34, 411, 120-B I.P.C. P.S. Baradari, Distt.- Bareilly.
Heard Sri Ashutosh Prasad Shukla, learned counsel for the applicant as well as learned AGA for the State and perused the material available on record.
Learned counsel for the applicant has submitted that the applicant is innocent and has been falsely implicated in this case. He is not named in the F.I.R. He has no criminal history. Police has shown a false recovery from his possession. The applicant is in jail since 10.9.2018. If he be released on bail, he will never misuse his liberty and will co-operate in the trial.
Learned A.G.A. has opposed the prayer for bail and submitted that a pair of earrings (Kundal) and a pair of tops have been recovered by the police from his possession, so he is not entitled for bail.
Looking into the facts and circumstances of the case as well as nature and gravity of the offence, material available on record regarding role of applicant and without expressing any opinion on the merits of the case, I am of the view that the bail application is liable to be allowed. Hence this bail application is allowed.
Let the applicant- Naresh Balmiki, involved in Case Crime No. 671/2018 under Sections 394, 342, 201/34, 411, 120-B I.P.C.
P.S. Baradari, Distt.- Bareilly, be released on bail on his furnishing a personal bond with two sureties (one should be of his family members/nearest relative) each in the like amount to the satisfaction of the court concerned with the following conditions:-
(i) The applicant shall not tamper with the prosecution evidence.
(ii) The applicant shall not threaten or harass the prosecution witnesses.
(iii) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law.
(iv) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel.
(v) The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge, (iii) recording of statement under Section 313 Cr.P.C. and (iv) argument/judgement.
(v) If in the opinion of the trial court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against him in accordance with law.
Order Date :- 20.12.2018 Vandana