Allowed

Naveen Tiwari v. State of U.P.

Allahabad HC26 Sept 2023BAIL/32654/2023

Case brief

AI extract

What is this about?

Single judge allowed bail to Naveen Tiwari in a bail application filed under Sections 504, 307, 323, 325, 342 IPC. The court relied on parliamentary candidate submissions regarding false implication and parity with co-accused without commenting on merits.

What did the court decide?

Applicant released on bail with personal bond and two sureties subject to appearance and non-tampering conditions.

Naveen Tiwari Vs State of U.P. — Bail and Remand | Allahabad HC (2023)

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Neutral Citation No. - 2023:AHC:186920

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Court No. - 75

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 32654 of 2023

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Applicant :- Naveen Tiwari Opposite Party :- State of U.P. Counsel for Applicant :- Anil Kumar Counsel for Opposite Party :- G.A.

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Hon'ble Umesh Chandra Sharma,J.

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Rejoinder affidavit filed by the applicant is taken on record.

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Heard Sri Anil Kumar, learned counsel for the applicant, learned A.G.A for the State and perused the record.

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The instant bail application has been filed with a prayer to enlarge the applicant on bail in Case Crime No.23 of 2023, under Sections 504, 307, 323, 325, 342 IPC, Police Station-Bidhnoo, District-Kanpur Nagar, during the pendency of trial.

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Counsel for the applicant submitted that the applicant is not named in the FIR and he has been falsely implicated in the instant case. It is stated that as alleged the applicant attacked upon the injured-Daya Shankar and caused injury by banka but incised wound which occurred from banka has not been found on the person of the injured. Out of several injuries, on account of X-ray, three fractures on the left scapula shaft of radious wound of the left forearm and other on the right forearm have been found and the C.T. Scan report was found normal. He further submitted that no injury of banka has been found on the person of the injured. He further submits that co-accused Praveen Kumar and Mahesh Tiwari have already been enlarged on bail by the co-ordinate

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Benches of this Hon'ble Court, vide orders dated 2.5.2023 and 23.5.2023 in Criminal Misc.Bail Application Nos.19829 of 2023 and 20960 of 2023, respectively. Applicant's case is at par with the co-accused enlarged on bail, therefore, he claims parity. He further submits that applicant has no criminal history. Learned counsel for the applicant has lastly contended that the applicant is in jail since 27.06.2023. In case, he is enlarged on bail, he will not misuse the said liberty.

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Learned A.G.A has opposed the prayer for bail but could not satisfactorily dispute the aforesaid submissions from the record.

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Having regard to the submissions made but without commenting on merits of the case, I am of the opinion that the applicant is entitled to be enlarged on bail.

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Let the applicant- Naveen Tiwari , 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 the conditions that he:

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(i) shall appear on the date fixed by the trial court; (ii) shall not tamper with the prosecution evidence; (iii) shall not pressurize the prosecution witnesses.

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In case of breach of any of the above conditions, the prosecution shall be at liberty to move bail cancellation application before this Court.

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Order Date :- 26.9.2023 m.a.

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Digitally signed by :- MOHAMMAD AYYUB High Court of Judicature at Allahabad

Naveen Tiwari v. State of U.P.

Case brief

What is this about?

What did the court decide?

Naveen Tiwari v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

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