Awanish Balmiki Vs State of U.P.

Neutral Citation No. - 2023:AHC:195542

Court No. - 64

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 1409 of 2023

Applicant :- Awanish Balmiki Opposite Party :- State of U.P. Counsel for Applicant :- Manoj Kumar Patel Counsel for Opposite Party :- G.A.

¶5

Hon'ble Siddharth,J.

¶6

Heard learned counsel for the applicant and learned A.G.A for the State.

¶7

Supplementary affidavit filed today is taken on record.

¶8

There is allegation in the FIR that co-accused, Rinku Yadav, called the deceased from his house. The deceased was doing business with co-accused, Rinku Yadav and on calling of coaccused, Rinku Yadav, the deceased left his house. Thereafter it is alleged that co-accused, Rinku Yadav, with the help of the applicant and other co-accused caused his murder.

¶9

Counsel for the applicant submits that the applicant had no enmity with the deceased. He has been falsely implicated in this case. He had no relationship with the deceased. Whatever enmity or friendship was there, was between co-accused, Rinku Yadav and deceased. Applicant has been falsely implicated in this case. He is in jail since 23.11.2022 and has no criminal history to his credit. Only charges have been framed before the trial court as yet. No witness has been examined.

¶10

On the other hand learned A.G.A has opposed the prayer for bail.

¶11

Keeping in view the nature of the offence, evidence, complicity of the accused; submissions of the learned counsel for the parties noted above; finding force in the submissions made by the learned counsel for the applicant; keeping view the uncertainty regarding conclusion of trial; one sided investigation by police, ignoring the case of accused side; applicant being under-trial having fundamental right to speedy trial; larger mandate of the Article 21 of the Constitution of India; considering the dictum of Apex Court

¶12

in the case of Satendra Kumar Antil vs. C.B.I., passed in S.L.P (Crl.) No. 5191 of 2021 ; considering 5-6 times overcrowding in jails over and above their capacity by the under trials and without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.

¶13

Let the applicant, Awanish Balmiki, involved in Case Crime No. 149 of 2022, under Section- 302 IPC, Police Station- Phaphund, District- Auraiya, 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 following conditions. Further, before issuing the release order, the sureties be verified.

¶14

(i) The applicant shall not tamper with the evidence or threaten the witnesses.

¶15

(ii) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in Court. In case of default of this condition, it shall be open for the Trial Court to treat it as abuse of liberty of bail and pass orders in accordance with law.

¶16

(iii) The applicant shall remain present before the Trial Court on each date fixed, either personally or as directed by the Court. In case of his absence, without sufficient cause, the Trial Court may proceed against him under Section 229-A of the Indian Penal Code.

¶17

(iv) In case the applicant misuses the liberty of bail during trial and in order to secure his presence, proclamation under Section 82 Cr.P.C. is issued and the applicant fails to appear before the Court on the date fixed in such proclamation then the Trial Court shall initiate proceedings against him in accordance with law under Section 174-A of the Indian Penal Code.

¶18

(v) The applicant shall remain present in person before the Trial Court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 313 Cr.P.C. If in the opinion of the Trial Court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the Trial Court to treat such default as abuse of liberty of bail and proceed against him in accordance with law.

¶19

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

¶20

Identity and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.

¶21

Trial court is directed to conclude the trial of the applicant as expeditiously as possible preferably within a period of one year.

¶22

Registrar (compliance) is directed to communicate this order to the trial Court for necessary compliance within ten days.

¶23

Order Date :- 10.10.2023 Rohit

¶24

Digitally signed by :- ROHIT DAS High Court of Judicature at Allahabad

Awanish Balmiki v. State of U.P.

Case brief

What is this about?

What did the court decide?

Awanish Balmiki v. State of U.P.

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Cases cited

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

Similar cases

Akeel Ahmad @ Rehan Vs State of U.P. and 3 Others

Dhananjay Kumar Singh Vs State of U.P.

Mohammad Shoib Vs State of U.P.

Pravesh Vs State of U.P.

Kamlesh Kumar Kharwar Vs State of U.P. and Another

Kiran Singh Vs State of U.P.