Sanjay Kumar Balmeeki vs State Of U P

Court No. - 24

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 43287 of 2017 Applicant :- Sanjay Kumar Balmeeki Opposite Party :- State Of U.P.

Counsel for Applicant :- Santosh Kumar Nigam Counsel for Opposite Party :- G.A.

Hon'ble Aniruddha Singh,J.

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

It is submitted by learned counsel for the applicant that according to gang chart, four cases have been shown against the accused applicant and in all cases he is on bail. The applicant has been falsely implicated in the present case. He is languishing in jail since 9.7.2017 and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in the trial.

On the other hand, learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid fact as argued by learned counsel for the applicant.

Keeping in view the nature of the offence, provision for initiation of cases and release of the accused in U.P. Gangster and Anti Social Activities (Prevention) Act, evidence, complicity of the accused, severity of punishment, submissions of the learned counsel for the parties 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.

Let the applicant Sanjay Kumar Balmeeki involved in Case Crime No. 134 of 2017, under Section 3(1) U.P. Gangster and Anti Social Activities (Prevention) Act, 1986, Police Station Nawabjanj, District - Kanpur Nagar be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to the following conditions:

1. The applicant shall not tamper with the prosecution evidence.

2. The applicant shall not pressurize the prosecution witnesses.

3. The applicant shall appear on the date fixed by the trial Court.

4. The applicant shall not commit an offence similar to the offence of which he is accused, or suspected of the commission, of which he is suspected.

5. 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 him from disclosing such facts to the Court or to any police officer or tamper with the evidence.

In case of default of any of the conditions enumerated above, it is open to the opposite party to approach this Court for cancellation of bail.

Order Date :- 8.11.2017 A. Singh