Allowed

Brajendra @ Balla v. State of U.P.

Allahabad HC26 Apr 2022BAIL/10197/2022

Case brief

AI extract

What is this about?

This Criminal Misc. Bail Application was allowed after the court found merit in the applicant's submissions. The applicant, in custody since 2019, challenged his false implication and lack of connection to the offence of theft. The High Court released him on bail with personal bond and sureties.

What did the court decide?

Applicant released on bail on furnishing a personal bond and two sureties in like amount, subject to conditions regarding evidence tampering, witness influence, and court appearance.

Brajendra @ Balla Vs State of U.P. — Bail and Remand | Allahabad HC (2022)

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Court No. - 68

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 10197 of 2022

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Applicant :- Brajendra @ Balla Opposite Party :- State of U.P. Counsel for Applicant :- Rajesh Dwivedi Counsel for Opposite Party :- G.A.

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Hon'ble Ajay Bhanot,J.

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Supplementary affidavit filed by the applicant is taken in the record.

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By means of this bail application the applicant has prayed to be enlarged on bail in Case Crime No.352 of 2017 at Police Station-Bhognipur, District-Kanpur Dehat under Sections 395, 328, 342, 412 IPC. The applicant is in jail since 17.04.2019.

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The bail application of the applicant was rejected by learned Special Judge (Dacoity Affected Areas), IIIrd Additional Sessions Judge, Kanpur Dehat on 18.05.2019.

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Shri Rajesh Dwivedi, learned counsel for the applicant contends that the applicant has been falsely implicated in the instant case. The stolen tractor/trolly laden with wheat bags were recovered at the pointing out of the applicant while he was in police custody. The said pointing out was extracted by coercion and made under duress. There is no independent witness to the recovery. Prosecution

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evidence does not connect the applicant with the offence. Explaining the criminal history of the applicant, learned counsel for the applicant contends that prior to the instant case, the applicant does not have any criminal history. However, after the implication in the above said cases, the applicant has become an easy scapegoat for the police authorities. The police authorities falsely nominated in a number of cases in proximity to the instant case. The applicant has never misused the liberty of bail granted to him in the said cases. The said criminal cases do not depict commission of any heinous crime by the applicant and have no bearing on the instant case. The applicant is not a flight risk and there is no possibility of his influencing witnesses, tampering with the evidence or reoffending.

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Shri Paritosh Kumar Malviya, learned A.G.A. could not satisfactorily dispute the aforesaid submissions from the record. However, he does not contest the criminal history of the applicant as disclosed in the supplementary affidavit.

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I see merit in the submissions of the learned counsel for the applicant and hold that the applicant is entitled to be enlarged on bail.

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In the light of the preceding discussion and without

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making any observations on the merits of the case, the bail application is allowed.

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Let the applicant-Brajendra @ Balla be released on bail in the aforesaid case crime number on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions.

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(i) The applicant will not tamper with the evidence during the trial.

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(ii) The applicant will not influence any witness. (iii) The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.

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(iv) The applicant shall not directly or indirectly make 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 to any police officer or tamper with the evidence.

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In case of breach of any of the above condition, the prosecution shall be at liberty to move bail cancellation application before this Court.

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Order Date :- 26.4.2022 Ashish Tripathi

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Digitally signed by ASHISH NAYAN TRIPATHI Date: 2022.04.28 11:35:52 IST Reason: Location: High Court of Judicature at Allahabad

Brajendra @ Balla v. State of U.P.

Case brief

What is this about?

What did the court decide?

Brajendra @ Balla v. State of U.P.

Case brief

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What did the court decide?

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