Allowed

Aniket Tiwari @ Chhotu v. State of U.P.

Allahabad HC19 May 2022BAIL/11485/2022

Case brief

AI extract

What is this about?

The Single Judge granted bail to the applicant charged under the NDPS Act. The court relied on parity with co-accused already released and found the case fit for bail without expressing an opinion on the merits. Specific conditions for appearing in court and using computer-generated ordered copies were imposed.

What did the court decide?

Applicant released on bail furnishing a personal bond and two reliable sureties subject to conditions of presence and order digital verification.

Aniket Tiwari @ Chhotu Vs State of U.P. — Narcotics (NDPS) | Allahabad HC (2022)

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Court No. - 78

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 11485 of 2022

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Applicant :- Aniket Tiwari @ Chhotu Opposite Party :- State of U.P. Counsel for Applicant :- Sanjay Kumar,Dhruv Dwivedi Counsel for Opposite Party :- G.A.

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Hon'ble Saurabh Lavania,J.

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Heard learned counsel for the applicant as well as learned Additional Government Advocate for the State of U.P. and perused the record.

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The present bail application has been filed by the applicant seeking bail in Case Crime No. 31 of 2022, under Sections 8/20 of NDPS Act, Police Station-Karma, District Sonbhadra.

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Learned counsel for the applicant submitted that the applicant is innocent and has falsely been implicated in the present crime. It is submitted that case of the prosecution against the applicant is similar and identical to the co-accused Mohd. Sharif @ Raju and Sanjay Kesharwani, who have already been released on bail by this Court vide orders dated 25.04.2022 and 30.03.2022 passed in Criminal Misc. Bail Application Nos. 11712 of 2022 and 10527 of 2022, respectively. Accordingly, the applicant is also entitled for bail on the ground of parity. It is also submitted that there is no apprehension that after being released on bail, he may flee from the course of law or may otherwise misuse the liberty of bail and the applicant is in jail since 01.02.2022 and the possibility of conclusion of trial in near future is extremely bleak.

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Learned A.G.A. has, however, opposed the prayer for grant of bail but he has not disputed the above contention made by the learned counsel for the accused-applicant that co-accused have already been released on bail.

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Considering the facts and circumstances of the case, perusing the record and also considering the nature of allegations, arguments advanced by the learned counsel for the parties and keeping in mind that co-accused have already been released on bail by this Court and without expressing any opinion on the merit of the case, I find it to be a fit case for granting bail.

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Let applicant - Aniket Tiwari @ Chhotu be released on bail in the aforesaid Case Crime Number on his furnishing personal

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

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(i) 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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(ii) 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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(iii) In case, the applicant misuse 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 fail to appear before the 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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(iv) 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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(v) The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.

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(vi) The computer generated copy of such order shall be self attested by the counsel of the party concerned.

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(vii) 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.

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Any violation of above conditions will be treated misuse of bail and learned Court below will be at liberty to pass appropriate order in the matter regarding cancellation of bail.

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Order Date :- 19.5.2022 Vinay/-

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Digitally signed by VINAY KUMAR Date: 2022.05.19 13:36:29 IST Reason: Location: High Court of Judicature at Allahabad

Aniket Tiwari @ Chhotu v. State of U.P.

Case brief

What is this about?

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Aniket Tiwari @ Chhotu v. State of U.P.

Case brief

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What did the court decide?

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