Allowed

Abhay Nandan Tiwari v. State of U.P.

Allahabad HC17 May 2018BAIL/18375/2018

Case brief

AI extract

What is this about?

The court granted bail to the applicant, who was summoned under Section 319 Cr.P.C. but not charged in the charge sheet, highlighting lack of legal evidence and distinguishing the applicant's role from a co-accused who had already been released.

What did the court decide?

Release on bail by furnishing personal bond and two sureties subject to standard conditions including not menacing witnesses and appearing in court.

Abhay Nandan Tiwari Vs State of U.P. — Bail and Remand | Allahabad HC (2018)

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Court No. - 55

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 18375 of 2018

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Applicant :- Abhay Nandan Tiwari Opposite Party :- State Of U.P. Counsel for Applicant :- Amar Bahadur Maurya,Karuna Nand Tiwari Counsel for Opposite Party :- G.A.

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Hon'ble Aniruddha Singh,J.

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

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It is submitted by learned counsel for the applicant that the applicant is innocent and has been falsely implicated in the present case. Vide order dated 8.9.2017 these accused persons namely, Abhay Nandan Tiwari (applicant) and coaccused Pintu Patel were summoned by the trial court under Section 319 Cr.P.C. They were named in the F.I.R. but charge sheet has not been submitted against them. Coaccused namely Pintoo Patel has been granted bail by coordinate Bench of this Court vide order dated 9.3.2018 in Criminal Misc. Bail Application No. 8905 of 2018, since the role of the applicant is not distinguishable with the role of co-accused, therefore, the applicant is also entitled for bail. Offences levelled against the applicant are not attracted in the present case. There is no legal evidence and independent witness against the applicant. He is languishing in jail since 20.4.2018 (near about one month) having no criminal history and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.

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Learned counsel for the complainant as well as learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid fact as argued by learned counsel for the applicant and admitted that applicant has no criminal history.

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Considering the submission of learned counsel for the parties, facts of the case, nature of allegation and period of custody, gravity of offence, without expressing any opinion on the merits of the case, the Court is of the opinion that it is a fit case for bail. Hence, the bail application is hereby allowed.

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Let the applicant Abhay Nandan Tiwari involved in S.T. No. 150 of 2017 as well as Case Crime No. 398 of 2012, under Sections 147, 148, 149, 302, 325, 504, 506 IPC, Police Station Kothibhar, District Maharajganj 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 following conditions:

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The applicant will not tamper with the evidence during the trial.

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2.The applicant will not pressurize/ intimidate the prosecution witness.

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3.The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.

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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.

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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.

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In case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail.

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Order Date :- 17.5.2018

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A. Singh

Abhay Nandan Tiwari v. State of U.P.

Case brief

What is this about?

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Abhay Nandan Tiwari v. State of U.P.

Case brief

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What did the court decide?

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