Allowed

Sanjay Tiwari v. State of U.P.

Allahabad HC17 Jan 2022/10742/2021

Case brief

AI extract

What is this about?

This bail application sought release for an accused in FIR No. 0099 of 2021 under various IPC sections. The High Court found that clearances and innocence arguments made out the case for bail, allowing the applicant to be released on personal bond and sureties subject to conditions.

What did the court decide?

Release on bail subject to personal bond and two sureties with conditions regarding tampering with evidence, intimidation, attendance, and proclamation.

Sanjay Tiwari Vs State of U.P. — Bail and Remand | Allahabad HC (2022)

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Court No. - 13

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 10742 of 2021

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Applicant :- Sanjay Tiwari Opposite Party :- State of U.P. Counsel for Applicant :- Ratnesh Tripathi,Aditya Mishra,Rama Niwas Pathak

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Counsel for Opposite Party :- G.A

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Hon'ble Karunesh Singh Pawar,J.

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Heard learned counsel for the applicant and learned A.G.A. for the State as well as perused the record.

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The accused-applicant seeks bail in F.I.R No. 0099 of 2021, under Section 504,452,323,308,427,506 Indian Penal Code, Police Station Haiderganj, District Ayodhya.

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Learned counsel for the applicant submits that the applicant has been falsely implicated in this case. He is innocent. The injured has received simple injuries. According to the injury report, except injury no.2, which was kept in observation and advised for x-ray, no other test has been conducted. The statement of Dr. Mahipal Singh is on record in which he has stated that no x- ray was conducted as the injured has not received any fatal injury. It has been further submitted that charge-sheet in the matter has been filed. The applicant has explained criminal history in para 8 and 9 to the bail application. The applicant is in jail since 16.5.2021.

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Learned A.G.A. has opposed the bail prayer of the applicant but could not dispute the facts mentioned above.

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I have considered the arguments advanced by learned counsel for the parties.

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On due consideration to the facts that the applicant is in jail since 16.5.2021; charge-sheet has been filed in the matter; the applicant has explained criminal history in para 8 and 9 of the

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bail application, which has not been disputed by learned A.G.A., I am of the opinion that case for bail is made out.

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Accordingly, the bail application is allowed. Let the applicant Sanjay Tiwari be released on bail in aforesaid first information report number subject to his furnishing a personal bond and two reliable sureties each in the like amount to the satisfaction of the court below concerned with the following conditions:

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(i) The applicant will not tamper with the evidence during the trial.

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(ii) The applicant will not pressurize/ intimidate the prosecution witness.

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(iii) 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 him from disclosing such facts to the Court or to any police officer or tamper with the evidence.

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(iv) 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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(v) 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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(vi) 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 in such proclamation, then, the trial

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court shall initiate proceedings against him, in accordance with law, under Section 174-A of the Indian Penal Code.

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Order Date :- 17.1.2022

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Madhu

Sanjay Tiwari v. State of U.P.

Case brief

What is this about?

What did the court decide?

Sanjay 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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Statutes considered

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