Court No. - 79
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 17553 of 2019 Applicant :- Pappu Balmiki Opposite Party :- State Of U.P.
Counsel for Applicant :- Om Narayan Pandey Counsel for Opposite Party :- G.A.
Hon'ble Ram Krishna Gautam,J.
Heard learned counsel for the applicant, learned A.G.A. and perused the record.
By means of this application, the applicant Pappu Balmiki, who is involved in Case Crime No. 671 of 2018, under Sections 394, 342, 201, 34, 411, 120-B I.P.C., P.S. Baradari, District Bareilly, is seeking enlargement on bail during the trial.
It has been submitted by learned counsel for applicant that applicant is innocent and he has been falsely implicated in this very case crime number. Co-accused Shankar Sharma and Nirmal Singh, who have been apprehended and from whom recovery was alleged to be made, have been enlarged on bail by co-ordinate Bench of this Court. Co-accused Satnam Singh with same degree of accusation has already been enlarged on bail by this court vide order dated 15.4.2019 passed in Criminal Misc. Bail Application No. 15451 of 2019. He was neither named in the FIR nor there was any recovery from him whereas all other co-accused have been enlarged on bail. Hence, bail has been prayed for.
Learned A.G.A. vehemently opposed the prayer for bail, with contention that there is one criminal history of present accused applicant.
Accused persons was apprehended from spot and from whose possession alleged looted articles were recovered, have been enlarged on bail. Present accused applicant is neither named in FIR nor there was any recovery from him. Hence, under all above facts and circumstances, considering the severity of punishment, heinousness of offence, no chance of fleeing from the course of justice or likelihood of tempering of evidence, in case of release on bail, a case for bail is made out.
Let applicant Pappu Balmiki, be released on bail in Case Crime No. 671 of 2018, under Sections 394, 342, 201, 34, 411, 120-B I.P.C., P.S. Baradari, District Bareilly, 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 trail and remain present personally on each and every date fixed after release.
(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.
(iv) The applicant will not misuse the liberty of bail in any manner whatsoever.
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 :- 26.4.2019 Pcl