Rajesh @ Kamti Balmiki v. State of U.P. Thru. Addl. Chief Secy. Deptt. of Home Lko

Court No. - 16 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 12939 of 2023 Applicant :- Rajesh @ Kamti Balmiki Opposite Party :- State Of U.P. Thru. Addl. Chief Secy. Deptt. Of Home Lko. Counsel for Applicant :- Shyamji Dixit,Pramendra Kumar,Surendra Kumar Mishra Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J.

¶1Heard Sri Shyamji Dixit, learned counsel for the applicant, Sri J.S. Tomar, learned A.G.A. for the State and perused the records.

¶2The instant application has been filed seeking release of the applicant on bail in Case Crime No.131 of 2023, under Sections 380, 411 I.P.C., registered at Police Station Maigalganj, District Kheri.

¶3The aforesaid case has been registered on the basis of an F.I.R. lodged on 08.04.2023 alleging commission of theft of an inverter, battery, solar plate and some other articles from a school. The police claim to have arrested three persons on the basis of an information received from a mukhbir and to have recovered a pendent of yellow metal and Rs.2700/- cash from the applicant. It is alleged that the accused persons confessed their involvement in commission of the present case.

¶4In the affidavit filed in support of bail application it has been stated that the applicant is innocent and he has been falsely implicated in the present case. The applicant's criminal history of ten cases has been explained in para 10 of the affidavit, in five of which the applicant has been granted bail and two cases have wrongly been shown against the applicant.

¶5The learned A.G.A. has opposed the prayer for bail but he could not dispute the aforesaid aspects of the matter.

¶6Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the incident in question has taken place on 07.04.2023, whereas the applicant has been implicated on 13.8.2023; that merely a pendent of yellow metal and Rs.2700/- cash are said to have been recovered from the applicant, which recovery has not been witnessed by any independent witness and none of the stolen articles have been recovered from the applicant's possession; that the applicant is languishing in jail since 13.08.2023 and without making any observation, which may affect the merits of the case, I am of the view that the aforesaid facts are sufficient for making out a case for enlargement of the applicant on bail in the aforesaid crime.

¶7Accordingly, this bail application stands allowed.

¶8Let the applicant--Rajesh @ Kamti Balmiki be released on bail in the aforesaid case 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 shall not tamper with the prosecution evidence;

(ii) the applicant shall not pressurize the prosecution witnesses;

(iii) the applicant shall appear on each and every date fixed by the trial court. (Subhash Vidyarthi, J.) Order Date :- 6.11.2023 Ram. High Court of Judicature at Allahabad, Lucknow Bench