Court No. - 47 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 11095 of 2010 Petitioner :- Gaurav Balmiki Respondent :- State Of Up Petitioner Counsel :- Rajul Bhargava Respondent Counsel :- Govt Advocate Hon'ble B.N. Shukla,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and
perused the record.
Learned counsel for the applicant has contended that the applicant was not
named in the FIR and except extra judicial confession by the applicant before
brother of the deceased Bhanwar Singh there is nothing against the applicant
and Bhanwar Singh and Ram Prakash Purohit are not person in authority and
there is no reason by the applicant to make extra judicial confession. The
applicant is in jail since28.1.2010.
Learned A.G.A. has contended that the applicant has made extra judicial
confession before brother of the deceased and Ram Prakash Purohit.
Bhanwar Singh and Ram Prakash Purohit are not person in authority and there
is no reason by the applicant ot make extra judicial confession before them.
The applicant is not named in the FIR. The case is based on circumstantial
evidence. The applicant has no criminal history.
Considering the nature of accusation and the severity of punishment in case of
conviction and the nature of supporting evidence, reasonable apprehension of
tampering of the witnesses and prima facie satisfaction of the court in support
of the charge, the applicant is entitled to be released on bail.
Let the applicant Gaurav Balmiki involved in case crime no. 1044 of 2009,
under section 304 IPC, P.S. Brindavan, District Mathura be released on bail
on his furnishing a personal bond with two sureties each in the like amount to
the satisfaction of the court concerned.
Order Date :- 10.5.2010
Masarrat