Allowed

Santosh Tiwari v. State of U.P.

Allahabad HC4 Jan 2021BAIL/47607/2020

Case brief

AI extract

What is this about?

The High Court granted bail to the applicant in a criminal case involving theft, cheating, and criminal breach of trust, subject to several specific conditions regarding attendance and conduct during the trial.

What did the court decide?

Release on bail with a personal bond and two local sureties, subject to conditions regarding attendance, prohibition of tampering with witnesses, and filing undertakings regarding adjournments.

Santosh Tiwari Vs State of U.P. — Cheque Dishonour | Allahabad HC (2021)

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Court No. - 70

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 47607 of 2020

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Applicant : Santosh Tiwari Opposite Party :- State of U.P. Counsel for Applicant :- Kalp Dev Mishra,Pradeep Kumar Counsel for Opposite Party :- G.A.

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Hon'ble Ali Zamin,J.

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

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The present bail application has been filed by the applicant with a prayer to enlarge him on bail in Case Crime No.563 of 2019, under Sections 379, 411, 420 I.P.C., Police Station Kotwali, District Ghazipur.

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Learned counsel for the applicant submits that applicant was apprehended in a police encounter case crime no.642/20 and on the basis of confessional statement he has been implicated in this case. He submits that according to the FIR version on 20.9.2019 a motorcycle and Rs.35000/were stolen by unknown person while at the time of incident applicant was in jail. There is no possibility of the applicant of fleeing away from the judicial process or tampering with the witnesses and, in case, the applicant is enlarged on bail, the applicant shall not misuse the liberty of bail. It is next contended that the applicant is languishing in jail since 6.9.2020.

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Per contra, learned A.G.A. has opposed the bail prayer.

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Considering the facts and circumstances of the case as well as submissions advanced by learned counsel for the parties, without expressing any opinion on the merit of the case, the applicant is entitled for bail, let the applicant Santosh Tiwari involved in the aforesaid case crime be released on bail on his furnishing a personal bond and two local 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 will not tamper with the evidence and pressurize the witnesses during trial.

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(ii) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law.

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(iii) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him under Section 229-A of the Indian Penal Code.

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(iv) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under Section 82 Cr.P.C. is issued and the applicant fails to appear before the court on the date fixed, then, the trial court shall initiate proceedings against him, in accordance

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with law, under Section 174-A of the Indian Penal Code.

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(v) The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 313 Cr.P.C. If in the opinion of the trial court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against him in accordance with law.

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The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.

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The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.

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Order Date :- 4.1.2021 m.a.

Santosh Tiwari v. State of U.P.

Case brief

What is this about?

What did the court decide?

Santosh Tiwari v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

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