Bail application allowed. The court held that the applicant has made out a case for bail despite the nature of offences, relying on parity and lack of specific role assignment.
Released on bail subject to furnishing a personal bond and two sureties on conditions including no tampering with witnesses and sincere cooperation in trial.
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Court No. - 74
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 39609 of 2022
Applicant :- Rahul Tiwari Opposite Party :- State of U.P. Counsel for Applicant :- Mithilesh Kumar Shukla Counsel for Opposite Party :- G.A.
Hon'ble Deepak Verma,J.
Supplementary affidavit has been filed today in the Court, is taken on record.
Heard Sri Mithilesh Kumar Shukla, learned counsel for the applicant, Sri Manoj Kumar Dwivedi, learned A.G.A. for the State and perused the record.
The instant bail application has been filed with a prayer to release the applicant on bail in Case Crime No. 621 of 2022, registered under Sections 323, 504, 506, 352, 307, 308, 34 I.P.C., Police Station Kotwali Nagar, District Banda during pendency of the trial.
Learned counsel for the applicant submitted that the applicant is innocent and has been falsely implicated in the present case due to ulterior motive. Four persons have been alleged for causing injury to the injured. No role has been assigned to the applicant for causing injury. Allegation of causing injury has been assigned to the co-accused, Anil Tiwari @ Lal Bhau, who has been granted bail by co-ordinate Bench of this Court in Criminal Misc. Bail Application No.39190 of 2022 vide order dated 26.09.2022, hence the applicant is also entitled for bail on the ground of parity. Only general role has been assigned to the applicant. Criminal history of the applicant has been explained in para 22 of the affidavit. The applicant is languishing in jail since 19.07.2022. In case, the applicant is released on bail, he will not misuse the liberty of bail and co-operate in trial.
Learned A.G.A. has opposed the bail prayer of the applicant.
Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties and keeping in view the nature of offence, evidence, complicity of accused and without expressing any opinion on the merits of the case and the law laid down by the Apex Court in Satendra Kumar Antil Vs. C.B.I. & Another , S.L.P.(Crl.) No. 5191 of 2021 , the Court is of the view that the applicant has made out a case for
bail. The bail application is allowed.
Let the applicant, Rahul Tiwari, who is involved in the aforesaid case 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 subject to following conditions. Further, before issuing the release order, the sureties be verified.
In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
Order Date :- 28.9.2022 Nitin Verma
Digitally signed by NITIN KUMAR VERMA Date: 2022.09.29 14:22:27 IST Reason: Location: High Court of Judicature at Allahabad
1 issue framed by the court
Whether the applicant is entitled to release on bail in the undertrial case involving allegations of causing grievous hurt and attempt to murder.
Colour shows how this judgement treated each authority
Satendra Kumar AntilReferred¶10
Satendra Kumar Antil Vs. C.B.I. & Another
Rahul Tiwari
Deepak Verma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
Deepak Verma
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