Allowed

Aanand Tiwari v. State of U.P.

Allahabad HC21 Jan 2022/14224/2021

Case brief

AI extract

What is this about?

The Single Bench allowed a bail application on grounds of parity with a co-accused already granted bail, noting the applicant was not named in the FIR and had a similar role, without expressing a view on the merits of the case.

What did the court decide?

The applicant was ordered released on bail subject to furnishing a personal bond and two sureties with various conditions regarding trial conduct, presence, and tampering with evidence.

Aanand 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. - 14224 of 2021

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Applicant :- Aanand Tiwari Opposite Party :- State of U.P. Counsel for Applicant :- Ashish Kumar Jain,Arshad Jameel,Mohammad Naseem Counsel for Opposite Party :- Govt. Advocate

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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 Case Crime No.160 of 2021, under Section 420, 406, 120-B, 201 Indian Penal Code and Section 66-D Information Technology (Amendment) Act 2006, Police Station Harchandpur, District Raebareli.

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Learned counsel for the applicant submits that similar role was assigned to the co-accused Vivek Rajpoot, who has been enlarged on bail by coordinate Bench of this court vide order dated 24.11.2021 passed in Bail Application No.13464 of 2021. The applicant claims parity with the bail order of co-accused Vivek Rajpoot. The applicant is not named in the F.I.R. The applicant is in jail since 10.9.2021.

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Learned A.G.A. has opposed the bail prayer of the applicant but could not dispute the fact that this is the case of parity.

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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 arguments advanced by learned counsel for the parties, perusal of the record and the facts that role of the applicant is similar to that of the co-accused, who has been enlarged on bail and the applicant is not named in the F.I.R.; the applicant is in jail since 10.9.2021, without

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expressing any opinion on merits of the case I find it to be a fit case for enlarging the applicant on bail on the ground of parity.

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Accordingly, the bail application is allowed. Let the applicant Aanand 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

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court on the date fixed in such proclamation, then, the trial 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 :- 21.1.2022

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Madhu

Aanand Tiwari v. State of U.P.

Case brief

What is this about?

What did the court decide?

Aanand 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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