Allowed

Durgesh Tiwari v. State of U.P. . and Another

Allahabad HC26 May 2023ABAIL/2503/2023

Case brief

AI extract

What is this about?

In a criminal miscellaneous anticipatory bail application under Section 438 Cr.P.C., the Allahabad High Court allowed the prayer for anticipatory bail to the applicant on the ground of parity with a co-accused who had already been enlarged. The court imposed standard conditions ensuring availability for interrogation and non-interference with witnesses or evidence.

What did the court decide?

Anticipatory bail allowed with personal bond and two sureties; conditions imposed for interrogation, no inducement, no leaving India, and appearing in court.

Durgesh Tiwari Vs State of U.P. . and Another — Cheating and Forgery | Allahabad HC (2023)

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Neutral Citation No. - 2023:AHC:118304

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Court No. - 83

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Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 2503 of 2023

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Applicant :- Durgesh Tiwari Opposite Party :- State Of U.P. . And Another Counsel for Applicant :- Ram Pratap Yadav,Devbratt Yadav Counsel for Opposite Party :- G.A.

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Hon'ble Krishan Pahal,J.

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List has been revised.

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Heard Sri Ram Pratap Yadav, learned counsel for the applicant and Sri Rohit Dubey, learned A.G.A. for the State as well as perused the record.

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The present anticipatory bail application has been filed on behalf of the applicant in Complaint Case No.306 of 2020, registered under Sections 419, 420, 323, 504, 506 IPC at Police Station- Madhuban, District Mau with a prayer to enlarge him on anticipatory bail.

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Learned counsel for the applicant has submitted that coaccused person, Govind Sharma has already been granted anticipatory bail by Co-ordinate Bench of this Court vide order dated 19.4.2023 passed in Criminal Misc. Anticipatory Bail Application U/S 438 Cr.P.C. No.2552 of 2023. The applicant has no criminal history to his credit. Therefore, the present applicant is also entitled for anticipatory bail on the ground of parity. Learned counsel for the applicant undertakes that he will cooperate in the trial failing which the State can move appropriate application for cancellation of the anticipatory bail.

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The prayer for anticipatory bail has been vehemently opposed by learned A.G.A. However, the aforesaid factual aspect of the parity to the co-accused has not been disputed by him.

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On due consideration to the arguments advanced by learned counsel for the applicant as well as learned A.G.A. and considering the fact that the co-accused person has already been enlarged on anticipatory bail, the applicant is liable to be enlarged on anticipatory bail on the ground of parity.

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In view of the above, the anticipatory bail application of the applicant is allowed. Let the accused-applicant- Durgesh Tiwari be released forthwith in the aforesaid complaint case (supra) on anticipatory bail till the conclusion of trial on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:-

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(i). that the applicant shall make himself available for interrogation by a police officer as and when required;

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(ii). that 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 him from disclosing such facts to the court or to any police officer or tamper with the evidence;

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(iii). that the applicant shall not leave India without the previous permission of the court;

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(iv). that in case charge-sheet is submitted the applicant shall not tamper with the evidence during the trial;

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(v). that the applicant shall not pressurize/ intimidate the prosecution witness;

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(vi). that the applicant shall appear before the trial court on each date fixed unless personal presence is exempted;

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(vii). that in case of breach of any of the above conditions the court below shall have the liberty to cancel the bail.

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It is made clear that observations made hereinabove are exclusively for deciding the instant anticipatory bail application and shall not affect the trial.

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[Krishan Pahal, J.]

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Order Date :- 26.5.2023 Vikas

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Digitally signed by :- VIKAS VERMA High Court of Judicature at Allahabad

Durgesh Tiwari v. State of U.P. . and Another

Case brief

What is this about?

What did the court decide?

Durgesh Tiwari v. State of U.P. . and Another

Case brief

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