Court No. - 22
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 11102 of 2018 Applicant :- Vicky Balmiki Opposite Party :- State Of U.P.
Counsel for Applicant :- Gaurav Kakkar Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
Heard learned counsel for the applicant, learned A.G.A for the State and perused the record.
According to prosecution case, the F.I.R. was lodged against five accused persons, namely, Chhotu Khatik, Mukesh Ahirwar, Vikki Balmiki, Brijendra Balmiki, Rahul Ahariwar and one unknown persons; alleging that on 10.7.2017 they shot fire at the injured Ankit Batham, he received injury on his chest and neck and specific role has been assigned against co-accused Mukesh Ahirwar and Vikki Balmiki. In the statement of the injured, the role of firing is assigned to four accused persons namely, Chhotu Khatik, Mukesh Ahirwar, Bikki Balmiki and Brijendra Balmiki and in the statement of the complainant, role of firing has been assigned to co-accused Chhotu Khatik.
It is submitted by learned counsel for the applicant that the applicant is innocent and has been falsely implicated in the present case. There is general allegation against all accused persons except Chhotu Khatik. Main role of causing fire arm injury is assigned to co-accused Chhotu Khatik. According to statement of the injured, it is not clear who was the author of said injury. Offence under Section 307 IPC is not made out against the applicant. Injuries found on the body of the injured are not dangerous to life. He is languishing in jail since 11.7.2017 (more than eight and half months) having no criminal history and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial. Co-accused namely Brijendra and Mukesh Ahirwar have been granted bail by this Court on 28.2.2018 and 7.3.2018 vide Criminal Misc. Bail Application Nos. 37834 of 2017 and 8633 of 2018; since the role of the applicant is not distinguishable with the role of co-accused, therefore, the applicant is also entitled for bail.
Learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid fact as argued by learned counsel for the applicant and admitted that applicant has no criminal history.
Considering the submission of learned counsel for the parties, facts of the case, nature of allegation and period of custody, gravity of offence, without expressing any opinion on the merits of the case, the Court is of the opinion that it is a fit case for bail. Hence, the bail application is hereby allowed.
Let the applicant Vicky Balmiki involved in Case Crime No. 302 of 2017, under Sections 147, 148, 149, 307 IPC, Police Station Kotwali, District Jhansi be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to 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.
In case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail Order Date :- 27.3.2018 A. Singh