Allowed

Sanket Mani Tiwari v. State of U.P.

Allahabad HC25 Nov 2022BAIL/53563/2022

Case brief

AI extract

What is this about?

The High Court allowed a bail application for the applicant Sanket Mani Tiwari. Relying on parity with a co-accused who was granted bail by another coordinate bench without expressing an opinion on merits, the court held that the applicant is entitled to bail subject to standard conditions.

What did the court decide?

The applicant was released on bail on executing a personal bond and furnishing two sureties in the like amount.

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

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Court No. - 93

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 53563 of 2022

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Applicant :- Sanket Mani Tiwari Opposite Party :- State of U.P. Counsel for Applicant :- Surendra Singh Counsel for Opposite Party :- G.A.

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Hon'ble Surendra Singh-I,J.

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Learned counsel for the applicant has supplied today in Court a copy of the status report regarding bail order of co-accused Rajaram Tiwari, dated 25.11.2022 passed by another coordinate bench of this Court in Criminal Misc. Bail Application No. 53525 of 2022. The said status report has been verified by the learned A.G.A. It is taken on record.

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This is an application for bail on behalf of the applicant Sanket Mani Tiwari in Case Crime No. 444 of 2022, under Sections 147, 149, 504, 506, 342, 333, 353, 224, 325, 395 I.P.C. and Section 7 Criminal Law Amendment Act, Police Station Kotwali Orai, District Jalaun.

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Heard learned counsel for the applicant and the learned AGA appearing for the State.

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As per prosecution story, the informant, Sub Inspector, Police Station Kotwali Orai lodged the first informant report to the effect that on 28.08.2022 at 20.50 Hours, when he was carrying the four arrested co-accused persons, who were allegedly gambling, on the way accused-applicant Sanket Mani Tiwari along with other accused persons came from behind, caught hold of the informant, dragged him into his house and locked in a room, where the applicant snatched and destroyed the articles recovered at the time of raid, namely, a stamp, Rs. 8700/-, a gambling device, one lead and two mobile bundles, torn the

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recovery papers and threatened the informant with dire consequences. They have snatched the mobile of the informant. They have beaten the informant and other police personnel and caused injuries to them. Further they tried to snatch his government pistol also.

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The submission of the learned counsel for the applicant is that he is innocent and has been falsely implicated in the present crime. Nothing incriminating has been recovered from his possession. It is also submitted that the applicant has no earlier criminal antecedents to his credit. It is further submitted that coaccused Rajaram Tiwari, identically circumstanced as the applicant, has already been enlarged on bail by another coordinate Bench of this Court vide order of the date passed in Criminal Misc. Bail Application No. 53525 of 2022, entitling the applicant to be released on bail on the ground of parity. It is in the last submitted that the applicant is languishing in jail since 31.08.2022 and in case he is released on bail he will not misuse the liberty of bail.

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Learned A.G.A. appearing on behalf of the State has opposed the prayer for bail but could not deny the averments made by the accused-applicant.

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Considering the submissions advanced by the learned counsel for the parties, the facts and circumstances of the case, the nature of allegations, the gravity of the offence, the severity of punishment, the evidence appearing in the case, in particular, the fact that co-accused Rajaram Tiwari, has already been enlarged on bail, but without expressing any opinion on the merits of the case, this Court is of opinion that the applicant is entitled to bail.

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The bail application, accordingly, stands allowed .

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Let the applicant Sanket Mani Tiwari involved in the aforementioned case be released on bail on executing his personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:

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i) The applicant shall not tamper with the prosecution evidence.

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ii) The applicant shall not threaten or harass the prosecution witnesses.

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iii) The applicant shall appear on the date fixed by the trial court.

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iv) The applicant shall not commit any offence similar to the offence of which the applicant is accused, or suspected of the commission.

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v) 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 such person from disclosing facts to the Court or to any police officer or tamper with the evidence.

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In case of default of any of the conditions enumerated above, the complainant would be free to move an application for cancellation of bail before the Court concerned.

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Order Date :- 25.11.2022 Brijesh Maurya

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Digitally signed by BRIJESH KUMAR Date: 2022.11.25 16:56:13 IST Reason: Location: High Court of Judicature at Allahabad

Sanket Mani Tiwari v. State of U.P.

Case brief

What is this about?

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Sanket Mani Tiwari v. State of U.P.

Case brief

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What did the court decide?

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