Allowed

Bahadur Tiwari and Anr. v. State of U.P.

Allahabad HC26 Oct 2018BAIL/32327/2018

Case brief

AI extract

What is this about?

In this bail application, the Court granted bail to the applicants despite not expressing an opinion on the merits of the case, relying on the larger mandate of Article 21 and a specific Supreme Court dictum.

What did the court decide?

Release on bail with a personal bond and two sureties subject to conditions of attendance, non-tampering with witnesses, and no illegal activities.

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

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Court No. - 55 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 32327 of 2018 Applicant :- Bahadur Tiwari And Anr Opposite Party :- State Of U.P. Counsel for Applicant :- Raja Ram Kushwaha Counsel for Opposite Party :- G.A. Hon'ble Vivek Kumar Singh,J.

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Heard Sri Raja Ram Kushwaha, learned counsel for the applicants and Sri Abhinav Prasad, learned A.G.A. appearing for the State.

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It has been contended by the learned counsel for the applicants that the applicants have been falsely implicated in the present case due to ulterior motive. It is next contended that there is material contradiction in the statement of the prosecutrix recorded under Section 164 Cr.P.C and F.I.R. Learned counsel for the applicants has next contended that no medical examination of the prosecutrix was conducted in support of the allegations. Several other submissions in order to demonstrate the falsity of the allegations made against the applicants have also been placed forth before the Court. The circumstances which, according to the counsel, led to the false implication of the accused has also been touched upon at length. It has been assured on behalf of the applicants that they are ready to cooperate with the process of law and shall faithfully make himself available before the court whenever required. It has also been submitted that the applicants are languishing in jail since 05.07.2018. It has been

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pointed out that the applicants have no criminal history.

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Learned A.G.A. opposed the prayer for bail.

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Having heard the submissions of learned counsel of both sides, larger mandate of the Article 21 of the Constitution of India and the dictum of Apex Court in the case of Dataram Singh v. State of U.P. and another , reported in (2018) 3 SCC 22 and without expressing any view on the merit of the case, I find it to be a case of bail.

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Without expressing any opinion on the merits of the case let the applicants Bahadur Tiwari and Jai Kishor @ Mehru Nishad involved in Case Crime No.149 of 2018, under Section 452, 354-B, 323, 504, 506 I.P.C., Police Station Kurara, District Hamirpur be released on bail on their furnishing a personal bond with two sureties each in the like amount to the satisfaction of the court concerned with the following conditions.

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The applicants will continue to attend and cooperate in the trial pending before the court concerned on the date fixed after release.

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They will not tamper with the witnesses.

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They will not indulge in any illegal activities during the bail period.

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It is further directed that the identity, status and residence proof of the sureties be verified by the authorities concerned before they are accepted.

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

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Order Date :- 26.10.2018/Abhishek

Bahadur Tiwari and Anr. v. State of U.P.

Case brief

What is this about?

What did the court decide?

Bahadur Tiwari and Anr. v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

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