ANIL BALMIKI versus STATE OF U.P.

High Court of Judicature at Allahabad

Indian Supreme Court Cases / Judgements / Legislation

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Anil Balmiki v. State Of U.P. - CRIMINAL MISC. BAIL APPLICATION No. 18480 of 2006 [2006] RD-AH 15657 (8 September 2006)

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HIGH COURT OF JUDICATURE OF ALLAHABAD

Hon'ble Ravindra Singh , J.

Heard learned Counsel for the applicant and learned A.G.A.

It is submitted by learned counsel for the applicant that according to the prosecution version the alleged occurrence had taken place in the night of 15/16-4.2006 at about 1.30 a.m. Its F.I.R. was lodged on 17.4.2006 at 5.00 p.m. The distance of police station was only 1  ½ kms from the alleged place of occurrence. The F.I.R. is too much delayed. It was lodged after great thought and consultation because the alleged occurrence was not witnessed by any person and the prosecution agency has not decided to lodge the F.I.R. against the applicant or other co-accused persons, but according to the medical examination report the time of occurrence has been changed  because the injured himself stated that he had received injury on 15.4.2006 at about 11.30 p.m. and he was assaulted by some unknown persons. During investigation the manner of the occurrence has also been changed and it is said that the friends of the deceased have also caused the injuries. There was no motive or intention for the applicant to commit the alleged offence.

After considering the facts and circumstances of the case and the submissions made by the learned counsel for the applicant and without entering into the merits of the case, the applicant is entitled to be released on bail.

Let the applicant Anil Balmiki  involved in Case Crime No. 774 of 2006, under Sections 307 and 304 I.P.C. Police Station Sipri Bazar, City    District Jhansi be released on bail on her furnishing a personal bond and two  sureties each of the like amount to the satisfaction of the Court concerned.

Dt: 08.09.2006

Rcv/18480-06

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