High Court allowed bail to an accused in a Gangster Act case, requiring a personal bond and two sureties, imposing strict conditions regarding witness tampering and cooperation in trial.
Release on bail with personal bond and two sureties subject to conditions against tampering, adjournments, and new criminal activity.
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Court No. - 50
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 39335 of 2022
Applicant :- Akash Tiwari @ Ashu Tiwari @Tashu Tiwari Opposite Party :- State of U.P. Counsel for Applicant :- Lalit Kumar Tripathi,Ankit Tiwari Counsel for Opposite Party :- G.A.
Hon'ble Shiv Shanker Prasad,J.
Heard learned counsel for the accused-applicant as well as learned A.G.A. for the State and perused the record.
This bail application has been moved by the accused-applicant- Akash Tiwari @ Ashu Tiwari @Tashu Tiwari for grant of bail, in Case Crime No. 0141 of 2021, under Section 2/3(1) of Uttar Pradesh Gangsters & Anti- Social Activities (Prevention) Act, 1986, Police Station Mohabbatpur Painsa, District Kaushambi, during trial.
Learned counsel for the accused-applicant while pressing the bail application submits that the accused-applicant has falsely been implicated in the instant case as well as in two cases mentioned in the gang chart. However, in both the cases mentioned in the gang chart, the applicant has been enlarged on bail by competent Courts vide order dated 27.07.2022 passed in Criminal Appeal No. 597 of 2022 and order dated 08.09.2022 passed in Criminal Application No. 659 of 2022, a copy of the bail orders are also placed on record as Annexure no.3 to the affidavit in support of bail application and Annexure SA-1 to the 2nd Suppelementary affidavit. He further submits that similarly co-accused Ritik Singh Patel has already been enlarged by a coordinate Bench of this Court vide order dated 7.9.2022 passed in Criminal Misc. Bail Application No.37977 of 2022.
It is further submitted that apart from the cases mentioned in the gang chart, the applicant is not involved in any other criminal case and in this case he is detained in prison since 30.08.2021 and there is no apprehension that the accused-applicant after release on bail, may flee from the process of law or may otherwise misuse the liberty.
Learned A.G.A., however, opposes the prayer for bail of the applicant but could not confront the submissions made by learned counsel for the applicant.
Keeping in view the nature of the offence, evidence, complicity of the accused, severity of punishment, submissions of the learned counsel for the parties and without expressing any opinion on the merits and demerits of the case, I am of the considered view that applicant has made out a case for bail. The bail application is allowed.
Let the applicant- Akash Tiwari @ Ashu Tiwari @Tashu Tiwari involved in the aforesaid crime be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions that :-
In case, of breach of any of the above conditions, it shall be a ground for cancellation of bail. Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.
Order Date :- 27.9.2022 Abhishek Singh
Digitally signed by ABHISHEK SINGH Date: 2022.09.28 17:08:28 IST Reason: Location: High Court of Judicature at Allahabad
Akash Tiwari
State of U.P.
Shiv Shanker Prasad
As recorded by the court registry
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