Sohan Balmiki v. State of U.P

Court No. - 75 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 40683 of 2023 Applicant :- Sohan Balmiki Opposite Party :- State of U.P. Counsel for Applicant :- Ashok Kumar Singh Bais Counsel for Opposite Party :- G.A. Hon'ble Umesh Chandra Sharma,J.

¶1Heard learned counsel for the applicant who has filed supplementary affidavit which is taken on record, learned AGA for the State and perused the record.

¶2By means of this bail application applicant seeks bail in Case Crime No.204 of 2023, under Sections 8/20/21/37/60 NDPS Act, Police Station Sarsawa, District Saharanpur, during the pendency of trial.

¶3Learned counsel for the applicant has argued that the applicant is innocent and has been falsely implicated in the present case with a view to cause unnecessary harassment and to victimize him. The applicant was only driving the alleged motorcycle at the time of alleged crime; no contraband was recovered from his possession; only an amount of Rs.210/- was recovered from his pocket. Several other submissions have been made on behalf of the applicant to demonstrate the falsity of the allegations made against him. The circumstances which, as per counsel, led to the false implication of the applicant have also been touched upon at length. There is criminal history of 23 cases against the applicant which has been explained in paragraphs-3 to 23 of the supplementary affidavit. There is no likelihood of his abscondence or tampering with the evidence. The applicant is in jail since 24.07.2022. In case the applicant is enlarged on bail, he will not misuse the said liberty.

¶4Learned AGA has vehemently opposed the bail application but he could not dispute the submission made above.

¶5Having regard to the facts, circumstances and the submissions made but without commenting on merits of the case, this Court is of opinion that the applicant is entitled to be enlarged on bail. Accordingly, the bail application is allowed.

¶6Let the applicant - Sohan Balmiki, involved in the aforesaid case crime be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to the conditions that he:

(i) shall appear on the date fixed by the trial court;

(ii) shall not tamper with the prosecution evidence;

(iii) shall not pressurize the prosecution witnesses.

¶7In 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 :- 28.10.2023 Shahroz High Court of Judicature at Allahabad