Court No. - 15
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 48597 of 2018 Applicant :- Sunil Balmiki Opposite Party :- State Of U.P.
Counsel for Applicant :- Ram Surat Patel Counsel for Opposite Party :- G.A.
Connected with
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 48639 of 2018 Applicant :- Rohit Balmiki Opposite Party :- State Of U.P.
Counsel for Applicant :- Ram Surat Patel Counsel for Opposite Party :- G.A.
Hon'ble Umesh Chandra Tripathi,J.
Heard learned counsel for the parties and perused the record.
By way of instant bail applications, prayer has been made to enlarge the applicants on bail in Sessions Trial No. 84 of 2018, arising out of Case Crime No. 28 of 2018, under Sections 302, 201/34 of the Indian Penal Code, 1860 (in short 'IPC'), Police Station - Jalaun, District - Jalaun.
As per prosecution version, on 17.02.2018, dead body of some unknown person was recovered from a field. Later on, it was identified as that of Salim, son of Abdul Rahman.
Learned counsel for the applicants contended that the applicants are not named in the F.I.R. Post-mortem examination on the cadaver of deceased Salim was conducted on 18.02.2018. In the post-mortem report, it is mentioned that duration of death was 3-4 days. On the basis of statement of one Salim, son of Rajjak Khan, recorded by the Investigating Officer on 18.02.20118, the applicants have been made accused in this case. Applicant - Sunil Balmiki has criminal history of one case, bearing Case Crime No. 172 of 2016, under Sections 379 and 411 of IPC, in which he is on bail. Applicant - Rohit Balmiki has no criminal antecedents. Co-accused Raju Balmiki, having similar role to that of the applicants, has already been enlarged on bail vide order dated 25.10.2018 passed by this Court in Criminal Misc. Bail Application No. 40287 of 2018 (Raju Balmik v. State U.P.). Copy of bail order has been collectively annexed as Annexure No. 13 of the affidavit appended to the bail application. Hence, the present applicants are also entitled to be enlarged on bail on the ground of parity. Both the applicants are languishing in jail since 26.02.2018.
Per contra, learned A.G.A. has opposed the prayer for bail, however, admitted this fact that the applicants have been made accused in this case only on the basis of statement of Salim before the I.O.
Without commenting on the merits of the case, considering the facts and circumstances of the case, I find it a fit case for enlarging the applicants on bail.
In view of above, the prayer so made is accepted and accordingly, the instant applications stand allowed.
Let the applicants - Gaurav and Saurabh be released on bail in the aforesaid case crime number on their furnishing a personal bond and two sureties each of the like amount to the satisfaction of the court concerned.
Order Date :- 20.12.2018 I. Batabyal