Allowed

Ravi Tiwari @ Aman Tiwari v. State of U.P. and Another

Allahabad HC28 Jan 2020BAIL/2705/2020

Case brief

AI extract

What is this about?

The Single Judge allowed a bail application in a criminal case involving the accused Applicants alleged enticement and abduction of a minor. Despite allegations of rape against a co-accused, the court released the applicant on bail subject to standard conditions prohibiting tampering with evidence and mandating cooperation with the trial. The court explicitly chose not to engage with the merit of

What did the court decide?

Bail granted on furnishing personal bond and two sureties, subject to conditions against tampering and an obligation to cooperate with the trial.

Ravi Tiwari @ Aman Tiwari Vs State of U.P… — Child Sexual Offences (POCSO) | Allahabad HC (2020)

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Court No. - 71

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2705 of 2020

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Applicant :- Ravi Tiwari @ Aman Tiwari Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ranjan Dhwaj Tiwari Counsel for Opposite Party :- G.A.

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Hon'ble Rajendra Kumar-IV,J.

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

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Accused-applicant, involved in Case Crime No.619 of 2019, under Sections 363, 366, 368, 120-B I.P.C. and Section 16/17 P.O.C.S.O. Act, Police Station Kotwali, District Maharaj Ganj, applied for bail.

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Learned Counsel for the applicant submitted that as per prosecution, applicant and other co-accused Sandeep seduced the victim and her took away to Delhi, accused sandeep raped her. It is further submitted that applicant is innocent and has been falsely implicated in the present case by the Informant. He has committed no offence. Entire prosecution story is false and fake. He did not entice and take away the victim. Victim is fully matured and she entered into marriage with co-accused Sandeep. In statement under Section 164 Cr.P.C. she levelled allegation of rape against Sandeep. There is no allegation of rape against the present applicant. As per academic document, victim is aged about 17 years and she was well acquainted what was happening with her. Applicant is in jail since 17.11.2019 having no criminal history. It is further submitted that there is no possibility of the applicant's fleeing away from the judicial process or tampering with the witnesses. In case the applicant is enlarged on bail, he shall not misuse the liberty of bail. Due to heavy pendency of cases in the Court, there is no possibility of early conclusion of the trial.

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Learned A.G.A. opposed the prayer for bail but did not disputed the factual submissions made by the learned counsel for the applicant and submitted that applicant has cooperated the other co-accused in seducing and taking away the victim while allegation of rape is assigned to co-accused Sandeep.

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Considering the facts and circumstances of the case, rival contention of learned counsel for the parties, detention of applicant in jail, severity of punishment in case of conviction, statement of victim under Section 164 Cr.P.C., allegation made against the applicant, role of the accused in present crime and

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without commenting upon the merit of the case, applicant deserves bail.

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Accordingly, bail application is allowed.

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Let applicant Ravi Tiwari @ Aman Tiwari be released on bail in the aforesaid case crime on his furnishing a personal bond and two reliable sureties to the satisfaction of the court concerned subject to the following conditions:-

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The applicant shall not tamper with the evidence or threaten the witnesses.

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The applicant shall co-operate with the trial and shall not seek any adjournment on the dates fixed for charge, evidence when the witnesses are present in the court, statement under Section 313 Cr.P.C. and argument.

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During trial, he shall not indulge in any criminal activities or case.

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In breach of any condition enumerated above, Trial Court shall be at liberty to treat it as abuse of liberty of bail and pass appropriate orders in accordance with law.

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Order Date :- 28.1.2020 I.A.Siddiqui

Ravi Tiwari @ Aman Tiwari v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

Ravi Tiwari @ Aman Tiwari v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

What the court decided

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