Madhvesh Tiwari Vs State of U.P. Thru. Prin. Secy. Dept. of Home Civil Sect. Lko

Court No. - 11

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 705 of 2023

Applicant :- Madhvesh Tiwari Opposite Party :- State Of U.P. Thru. Prin. Secy. Dept. Of Home Civil Sect. Lko Counsel for Applicant :- Ravindra Shukla Counsel for Opposite Party :- G.A.

¶4

Hon'ble Rajesh Singh Chauhan,J.

¶5

Heard learned counsel for the applicant and learned AGA.

¶6

Learned counsel for the applicant has submitted that applicant is in jail since 14.11.2022 in Case Crime No. 289 of 2022 u/s 2/3(1) U.P. Gangsters & Antisocial Activities (Prevention) Act, P.S. Dostpur, District Sultanpur. It has been submitted that the applicant has been falsely implicated in this case as he has not committed any offence as alleged.

¶7

Learned counsel for the applicant has drawn attention of this Court towards the gang-chart (Annexure No. 2 to the bail application), which indicates that there are four cases shown in the gang-chart against the applicant and in those cases the applicant has been enlarged on bail by the court below vide bail order dated 28.7.2022, 5.1.2022, 13.1.2022 and 28.2.2022 (Annexure Nos. 3,4 & 5 to the bail application and Annexure no. 1 to the supplementary affidavit). Co-accused persons Ranjan Dubey and Abhishek Shukla have been granted bail by this Court vide order dated 21.12.2022 and 23.12.2022. It has also been submitted that the applicant is not involved in any anti social activities and he has been falsely implicated in this case. He has undertaken on behalf of the applicant that he shall abide by the terms and conditions of bail order so imposed and shall co-operate with the trial proceedings and shall never misuse the liberty of bail, if he is granted bail.

¶8

Learned AGA has not disputed the aforesaid submissions of learned counsel for the applicant.

¶9

Without entering into the merits of the case and considering the aforesaid facts, let applicant- Madhvesh Tiwari be released on bail on his furnishing a personal bond with two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions:-

¶10

(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.

¶11

(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.

¶12

(iii) 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 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.

¶13

(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.

¶14

(Rajesh Singh Chauhan, J.)

¶15

Order Date :- 17.1.2023 Om

¶16

Digitally signed by :- OM PRAKASH MISHRA High Court of Judicature at Allahabad, Lucknow Bench

Madhvesh Tiwari v. State of U.P. Thru. Prin. Secy. Dept. of Home Civil Sect. Lko

Case brief

What is this about?

What did the court decide?

Madhvesh Tiwari v. State of U.P. Thru. Prin. Secy. Dept. of Home Civil Sect. Lko

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

Similar cases

Arvind Kejriwal Vs State of U.P. Thru. Prin. Secy./Addl.Chief Secy. Home and Another

Brijeash Saurabh Mishra @ Brijesh Mishra Vs State of U.P. Thru. Prin. Secy. Home Lko. and Another

Neelam Yadav Vs State of U.P. Thru. Prin. Secy. Home, Lko. and Another

Monu Singh Vs State of U.P. Thru. Prin. Secy. Home Lko.

Ashok Kumar Dixit Vs State of U.P. Thru. Prin. Secy. Home Civil Secrett. U.P. Lko.

Ram Raj Vishwakarma Vs State of U.P. Thru. Prin. Secy. Home, Lko.