Allowed

Gaurav Balmiki v. State of U.P.

Allahabad HC3 Aug 2021BAIL/5297/2021

Case brief

AI extract

What is this about?

In a criminal miscellaneous bail application, the court examined allegations of false implication and misused documents. Ruling that the applicant had prima facie satisfied conditions for bail, the judge ordered enlargement on personal bond and sureties with specific undertakings to return stolen funds and attend trial.

What did the court decide?

The applicant was released on bail on furnishing a personal bond and two sureties, subject to conditions to return the amount to the victim and attend trial.

Gaurav Balmiki Vs State of U.P. — Bail and Remand | Allahabad HC (2021)

¶1

Court No. - 71

¶2

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 5297 of 2021

¶3

Applicant :- Gaurav Balmiki Opposite Party :- State of U.P. Counsel for Applicant :- Mahesh Chandra Tiwari,Diwan Saifullah Khan,Kiran Tiwari Counsel for Opposite Party :- G.A.,Anuj Kumar Dwivedi,Lavkush Kumar Shukla

¶4

Hon'ble Vivek Kumar Singh,J.

¶5

Heard learned counsel for the applicant, learned counsel for the opposite party, Sri Sanjay Singh, learned AGA-I, appearing for the State and perused the material brought on record.

¶6

It has been contended by the learned counsel for the applicant that the applicant has been falsely implicated in the present case due to ulterior motive. It is next contended that the alleged account have not been opened by the applicant or his family members in fact the co-accused obtained the voter ID of the wife of the applicant and misused the card and making the forged signature of the applicant for the verification of the account number, the said fact has been mentioned in para 6 to the affidavit filed in support of bail application. He further submits that if applicant is released on bail, he will return the entire amount to the victim. Several other submissions in order to demonstrate the falsity of the allegations made against the applicant have also been placed forth before the Court. The circumstances which, according to the counsel, led to the false implication of the accused has also been touched upon at length. It has been assured on behalf of the applicant that he is ready to cooperate with the process of law and shall faithfully make himself available before the court whenever required. It has also been submitted that the applicant is languishing in jail since 01.12.2020. Criminal history of the applicant has been duly explained in paragraph no. 27 of the affidavit accompanying the bail application.

¶7

Learned A.G.A. as well as learned counsel for the opposite party have no objection if the applicant fulfills his conditions.

¶8

Courts have taken notice of the overcrowding of jails during the current pandemic situation (Ref.: Suo Motu Writ Petition (c) No. 1/2020, Contagion of COVID 19 Virus in prisons before the Supreme Court of India). These circumstances shall also be factored in while considering bail applications on behalf of accused persons.

¶9

Having heard the submissions of learned counsel of both sides, readiness of applicant to return the entire amount to the victim, nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence, prima facie satisfaction of the Court in support of the charge, reformative theory of punishment, and larger mandate of the Article 21 of the Constitution of India, the dictum of Apex Court in the case of Dataram Singh v. State of U.P. and another, reported in (2018) 2 SCC 22 and without expressing any opinion on the merit of the case, I find it to be a case of bail.

¶10

Let applicant- Gaurav Balmiki , be released on bail in Case Crime No. 376 of 2017, under Sections- 419, 420, 467, 468, 471, 472, 409, 120-B, Police Station- Hariparwat, District- Agra, on furnishing a personal bond and two sureties each in the like amount to the satisfaction of magistrate/court concerned, subject to following conditions:-

¶11

Applicant shall furnish an undertaking that after enlargement on bail he will return the entire amount to the victim within a period of two months.

¶12

The applicant will attend and co-operate the trial proceedings pending before the court concerned on the date fixed after release.

¶13

He will not tamper with the witnesses.

¶14

He will not indulge in any illegal activities during the bail period.

¶15

The identity, status and residential proof of sureties will be verified by the court concerned and in case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail and send the applicant to prison.

¶16

It is clarified that the observations, if any, made in this order are strictly confined to the disposal of this bail application and must not be construed to have any reflection on the ultimate merits of the case.

¶17

In case of breach of of any of the above conditions, it shall be a ground for cancellation of bail.

¶18

The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.

¶19

The computer generated copy of such order shall be self attested by the counsel of the party concerned.

¶20

The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.

¶21

Order Date :- 3.8.2021 Arti

Gaurav Balmiki v. State of U.P.

Case brief

What is this about?

What did the court decide?

Gaurav Balmiki v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Parties & counsel

Coram

Case details

Similar cases

Ashok Goyal @ Ashok Marwadi Vs State of U.P.

Sazid Vs State of U.P.

Durga Prasad Dubey Vs State of U.P.

Arvind @ Nakul Vs State of U.P.

Mohammad Arman Vs Union of India through D.R.I.

Anil Pal Vs State of U.P.