Allowed

Sujeet Tiwari v. State of U.P.

Allahabad HC31 Jul 2019BAIL/14218/2019

Case brief

AI extract

What is this about?

The court considered a bail application for the applicant in a murder and criminal conspiracy case, noting he was falsely implicated and another co-accused had obtained bail earlier. The application was allowed subject to standard conditions regarding evidence tampering and intimidation.

What did the court decide?

The applicant Sujeet Tiwari was released on bail by furnishing a personal bond and two reliable sureties subject to conditions.

Sujeet Tiwari Vs State of U.P. — Murder and Culpable Homicide | Allahabad HC (2019)

¶1

Court No. - 72

¶2

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 14218 of 2019

¶3

Applicant :- Sujeet Tiwari Opposite Party :- State Of U.P. Counsel for Applicant :- Rajeev Upadhyay Counsel for Opposite Party :- G.A.

¶4

Hon'ble Rajiv Joshi,J.

¶5

Heard learned counsel for the applicant and learned A.G.A. for the State.

¶6

Applicant seeks bail in Case Crime No. 157 of 2018, under Sections 302, 120B IPC registered at Police Station Ahraula District Azamgarh.

¶7

Learned counsel for the applicant submits that the applicant is languishing in jail since 18.08.2018 and is falsely implicated in the present case. In the first information report, he was not named but subsequently his name came out for the first time in the statement made by Sachin Pandey @ Akrit, one of the coaccused in this case. As per the statement made by Sachin Pandey @ Akrit role assigned to the applicant that he was the rider of the motor cycle. It is further contended that the another co-accused Vickky Singh @ Vijay Singh has been granted bail by this Court vide order dated 10.07.2019 passed in Criminal Misc. Bail Application No. 8555 of 2019. It is further submitted by the applicant that the allegation against the applicant is under Section 120 IPC and the ingredients of the section has not been disclosed in the first information report.

¶8

The criminal history of the applicant has been explained in paragraph no. 17 of the present bail application.

¶9

On the other hand learned A.G.A. has opposed the prayer for bail but could not dispute the aforesaid case argued by the learned counsel for the applicant.

¶10

Keeping in view the nature of the offence, evidence, complicity of the accused, submissions of the learned counsel for the parties and without expressing any opinion on merits of the case, I am of the view that the applicant has made out a case for bail.

¶11

Let the applicant, Sujeet Tiwari involved in Case Crime No.157 of 2018, under Sections 302, 120-B IPC, Police Station

¶12

Ahraula, District- Azamgarh be released on bail on his furnishing a personal bond and two reliable sureties of the like amount to the satisfaction of the court concerned subject to following conditions.

¶13

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

¶14

The applicant will not pressurize/ intimidate the prosecution witness.

¶15

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

¶16

The applicant shall not commit an offence similar to the offence of which they are accused, or suspected of the commission of which they are suspected.

¶17

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 them from disclosing such facts to the Court or to any police officer or tamper with the evidence.

¶18

In case of breach of any of the above conditions, the complainant is free to move an application for cancellation of bail before this court.

¶19

Order Date :- 31.7.2019 Shivangi

Sujeet Tiwari v. State of U.P.

Case brief

What is this about?

What did the court decide?

Sujeet Tiwari v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

Ram Bharosi and 4 Others Vs State of U.P. and Another

Sangeeta Vs State of U.P. and Another

Kavita Yadav Vs Gaurav Gupta and 6 Others

Vishwajeet Ghosh Vs State of U.P. and Anr.

Ashok Kumar and Another Vs State of U.P. and Another

T. K. Ghosh Vs State of U.P.and another