In Criminal Misc. Bail Application No. 2660 of 2019, the court granted bail to applicant Himanshu Tiwari, alleging false implication as the son of the accused. The father is already on bail. The applicant had no prior history and low risk of absconding.
Applicant released on bail on personal bond and two sureties.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 44
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2660 of 2019
Applicant :- Himanshu Tiwari Opposite Party :- State Of U.P. Counsel for Applicant :- Ravi Sahu Counsel for Opposite Party :- G.A.
Hon'ble Arvind Kumar Mishra-I,J.
Heard learned counsel for the applicant as well as learned AGA for the State of U.P and perused the material available on record.
While describing various aspects of this case, it has been submitted that the applicant has been falsely implicated in this case on account of he being the son of C.M.D. Anil Kumar Tiwari. He is neither the share-holder nor the director, nor the employee and has no connection with the offence in question. However, the person, who is the shareholder of the company say Krishna Kant Aginihotri @ Raju @ K.K. Aginihotri has already been admitted to bail by this Court vide order dated 7.3.2018 in Criminal Misc. Bail Application No. 8575 of 2018. Offence alleged is triable by the Magistrate Ist Class. In case, the applicant is admitted to bail, there is no possibility of his absconding or misusing the liberty of bail. The applicant has no previous criminal history and is languishing in jail since 21.12.2018
Learned AGA has opposed prayer for bail. However, he has not disputed the aforesaid facts.
Without entering into merit 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 - Himanshu Tiwari involved in Case Crime No. 383 of 2017, under Sections - 406, 420, 467, 468, 471, 504, 506 I.P.C., Police Station - Kotwali Orai, District - Jalaun 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.
(iv) The applicant will not commit offence.
In case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail.
Order Date :- 21.1.2019 S Rawat
2 issues framed by the court
Whether the applicant Himanshu Tiwari is entitled to bail in a case under Sections 406, 420, 467, 468, 471, 504, 506 IPC where he is alleged to be falsely implicated as the son of the accused but has
Whether reasonable apprehension of tampering with witnesses or threat to the complainant exists in the case.
Colour shows how this judgement treated each authority
Krishna Kant Aginihotri @ Raju @ K.K. Aginihotri Bail ApplicationReferred¶6
Criminal Misc. Bail Application No. 8575 of 2018
1 provisions across 1 enactments
Himanshu Tiwari
Arvind Kumar Mishra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
