This criminal bail application allowed the release of the applicant, alleging false implication, under Sections 419, 420, 467, 468, 120B IPC, subject to bonds and sureties on bail conditions.
Released on bail on executing personal bond and furnishing two sureties; conditions to not tamper with evidence or witnesses and to appear in court.
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Court No. - 42
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 42804 of 2018
Applicant :- Dayanand Tiwari Alias Motu Opposite Party :- State Of U.P. Counsel for Applicant :- Adarsh Singh,Indra Raj Singh Counsel for Opposite Party :- G.A.
Hon'ble Arvind Kumar Mishra-I,J.
Heard learned counsel for the applicant as well as learned A.G.A. for the State of U.P and perused the material available on record.
Contention raised on behalf of the applicant has been confined to the extent that the applicant is innocent and has been falsely implicated in this case. In this case, the applicant happens to be colleague of the main accused Parshuram Dubey who has already been admitted to bail by this Court vide order dated 27.07.2018 in Criminal Misc. Bail Application No.21834 of 2018, copy whereof has been annexed as annexure no.4 to the affidavit filed in support of this bail application. The applicant does not bear any criminal history and is languishing in jail since 18.09.2018.
Learned A.G.A. has opposed prayer for bail. However, learned A.G.A. has not disputed the aforesaid facts.
Without expressing any opinion on merits of the case but considering the facts and circumstances of the case, nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence, reasonable apprehension of tampering with witness or apprehension of threat to the complainant and prima facie satisfaction of the Court in support of the charge, the applicant is entitled to be released on bail. Accordingly, bail application is allowed.
Let the applicant Dayanand Tiwari Alias Motu involved in Case Crime No.0488 of 2017, Case No.3441 of 2018, under Sections 419, 420, 467,
468, 120B I.P.C., Police Station Kotwali, District Azamgarh be released on bail on his executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned with the following conditions;
(i) The applicant will not tamper with the evidence during the trial.
(ii) The applicant will not pressurise/intimidate the prosecution witness.
(iii)The applicant will appear before the trial court on the date fixed.
In case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail.
Order Date :- 13.11.2018
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2 issues framed by the court
Whether the applicant is entitled to release on bail accused under Sections 419, 420, 467, 468, 120B IPC.
Whether reasonable apprehension of tampering with witness and severity of punishment justify bail.
1 provisions across 1 enactments
Dayanand Tiwari Alias Motu
State Of U.P.
Arvind Kumar Mishra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
