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2025 DAILYLAW 107825 (ALL)

RAVI BALMIKI v. STATE OF U.P.

BAIL/43107/2024 · 2025-04-23

Gautam Chowdhary

Public Interest Litigationbody2025

Judgment text

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Neutral Citation No. - 2025:AHC:63430 Court No. - 86 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 43107 of 2024 Applicant :- Ravi Balmiki Opposite Party :- State of U.P. Counsel for Applicant :- Saif Ullah Counsel for Opposite Party :- G.A. Hon'ble Dr. Gautam Chowdhary,J. 1. Heard learned counsel for the applicant, learned A.G.A. for the State and perused the material brought on record. 2. Learned counsel for the applicant has argued that the applicant is absolutely innocent and has been falsely implicated in the present case. Learned counsel for the applicant further submits that the F.I.R. was lodged against unknown persons with he allegation that they looted a mobile, laptop, 7-8 thousand rupees and other items from the shop of the informant including inverter battery on the pointing of country made pistol. The applicant was apprehended by the police along with two other co-accused and from the possession of applicant recovery of one mobile phone and four hundred rupees have been shown. After arresting the applicant, the police has implicated him in two other cases of similar offence. Learned counsel further submits that other Kapil Kabootra and Bharat Lal Kabootra, who were arrested along with the applicant and recovery was also made from them, have already been enlarged on bail. The case of applicant is not on the worse footing than that of the aforesaid two co-accused, therefore, applicant may be enlarged on bail on the ground of parity. Several other submissions in order to demonstrate the falsity of the allegations made against the applicant have also been placed before the Court. The circumstances which, according to the counsel, led to the false implication of the accused have also been mentioned. It has also 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 and is also ready to accept all the conditions which the Court may deem fit to impose upon him. He next submits that the applicant is in jail since 22.08.2022. 3. Though, the learned A.GA. for the State has opposed the prayer for bail but he has not disputed the above submissions made on behalf of applicant. 4. Considering the overall facts and circumstances, the nature of allegations, the gravity of offence and without expressing any opinion on merits, this Court finds it to be a fit case for bail. Accordingly, the bail application stands allowed. 5. Let the applicant-Ravi Balmiki, be enlarged on bail in Case Crime No. 186 of 2022, under Sections 395, 412, 427, 506 I.P.C., Police Station- Moth, District- Jhansi, on executing a personal bond and furnishing two local sureties each in the like amount to the satisfaction of the court concerned with the following conditions: i) The applicant shall not tamper with the prosecution evidence. ii) The applicant shall not threaten or harass the prosecution witnesses. iii) The applicant shall appear on the date fixed by the trial court. iv) The applicant shall not commit any offence similar to the offence of which the applicant is accused, or suspected of the commission. v) The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade such person from disclosing facts to the Court or to any police officer or tamper with the evidence. 6. In case of default of any of the conditions enumerated above, the court concerned shall be at liberty to cancel the bail of applicant in accordance with law. Order Date :- 24.4.2025 Mustaqeem. Digitally signed by :- MOHD MUSTAQEEM KHAN High Court of Judicature at Allahabad