Satyam Tiwari v. State of U.P.
Case brief
What is this about?
Hearing bail application regarding false implication in examination fraud case involving cheating charges under IPC and UP Act.
What did the court decide?
Released on bail with personal bond and two sureties subject to conditions appearing on fixed dates.
What the court decided
Neutral Citation No. - 2023:AHC:166255
Court No. - 74
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 32876 of 2023
Applicant :- Satyam Tiwari Opposite Party :- State of U.P. Counsel for Applicant :- Anish Kumar Singh,Tarun Kundan Counsel for Opposite Party :- G.A.
Hon'ble Vivek Varma,J.
- Heard Sri Indrapal Singh Rajpoot, learned counsel for the applicant, Sri V.P.Tripathi, learned AGA for the State-opposite party and perused the record.
- The instant bail application under Section 439 Cr.P.C. has been filed with a prayer to enlarge the applicant on bail in Case Crime No. 353 of 2023, under Sections 419, 420, 34, 120-B IPC, Section 3/9 of the Uttar Pradesh Public Examination (Prevention of Unfair Means) Act, 1998 and Section 66D of Information Technology (Amendment) Act, 2008, Police Station Naubasta, District Kanpur Nagar, during the pendency of trial.
- Counsel for the applicant submits that the applicant has been falsely implicated in the present case. At the time of entering the examination center, the applicant was frisked by the checking staff of the examination center. The alleged recovery of blue-tooth device is false and planted. There is no independent witness to the alleged recovery. Prosecution evidence does not connect the applicant with the offence. The applicant is a student, whose career will be jeopardized as the result of the instant false case. The applicant is in jail since 26.06.2023 having no criminal history and in case he is enlarged on bail, he will not misuse the said liberty.
Issues for consideration
2 issues framed by the court
Whether the applicant entitled to bail under Section 439 Cr.P.C. in a case involving cheating and forgery charges?
Whether the applicant remained confined for two months and no reasonable apprehension of tampering with evidence is established?
Parties & counsel
- applicant
Satyam Tiwari
Coram
Vivek Varma
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · August
- Registered
- Case no.
- BAIL/32876/2023
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