Allowed

Ramji Tiwari v. State of U.P.

Allahabad HC15 Dec 2020BAIL/37188/2020

Case brief

AI extract

What is this about?

Hon'ble Subhash Chand J in Criminal Misc. Bail Application No. 37188 of 2020 granted bail to Ramji Tiwari, who was charged under Sections 8 and 20 of the NDPS Act, citing parity with a co-accused already released on bail. The court imposed a personal bond with two sureties.

What did the court decide?

Applicant released on bail on personal bond and two sureties, subject to conditions including regular attendance and prohibitions on tampering with evidence or witnesses.

Ramji Tiwari Vs State of U.P. — Narcotics (NDPS) | Allahabad HC (2020)

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Court No. - 91

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 37188 of 2020

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Applicant :- Ramji Tiwari Opposite Party :- State of U.P. Counsel for Applicant :- Neeraj Kumar Srivastava Counsel for Opposite Party :- G.A.

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Hon'ble Subhash Chand,J.

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Heard Sri Neeraj Kumar Srivastava, learned counsel for the applicant, learned A.G.A. for the State and perused the record of the present bail application.

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The present bail application has been filed by the applicant Ramji Tiwari with a prayer to enlarge him on bail in Case Crime No. 183 of 2019, under Section 8/20 N.D.P.S Act, Police Station Haliya, District Mirzapur.

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Learned counsel for the applicant in support of his prayer for bail submits that the applicant is innocent and he has been falsely implicated in the present case. It is further submitted that co-accused Vikas Mishra having similar role to that of applicant has already granted bail by this Court vide order dated 08.07.2020 passed in Criminal Misc. Bail Application No. 14601 of 2020, therefore, the applicant is also entitled to be released on bail on the ground of parity. The applicant has not previous criminal history, he is not likely to abscond.

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Learned A.G.A. has vehemently opposed the prayer for grant of bail to the applicant but conceded on point of parity.

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Considering the facts and circumstances of the case as well as submissions made by learned counsel for the parties and also perusing the material on record, without expressing any opinion on merit of the case, let the applicant involved in aforesaid case crime be released on bail on his furnishing a personal bond and

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two sureties each of the like amount to the satisfaction of the court concerned, subject to the following conditions:-

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(i) The applicant shall not indulge in any criminal activity.

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(ii) The applicant shall not tamper with the prosecution evidence.

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(iii) The applicant shall not pressurize the prosecution witnesses.

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(iv) The applicant shall regularly appear on the dates fixed by the trial court unless his personal attendance is exempted by the trial court.

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In case of default of any of the conditions enumerated above, liberty may be given to the trial court to cancel the bail without any reference to this Court.

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Order Date :- 15.12.2020 PS

Ramji Tiwari v. State of U.P.

Case brief

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Ramji Tiwari v. State of U.P.

Case brief

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