Allowed

Shyam Babu @ Vishesh Tiwari and Another v. State of U.P.

Allahabad HC25 Sept 2023BAIL/39038/2023

Case brief

AI extract

What is this about?

In this criminal bail application, the court allowed the applicants to be enlarged on bail. The court held that without commenting on the merits of the case, the applicant was entitled to bail, allowing the release upon furnishing a personal bond and two sureties each with conditions.

What did the court decide?

Release of applicants on personal bond and two sureties each subject to conditions of appearing in court and not interfering with evidence or witnesses.

Shyam Babu @ Vishesh Tiwari and Another Vs State of… — Cheating and Forgery | Allahabad HC (2023)

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Neutral Citation No. - 2023:AHC:184998

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Court No. - 75

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 39038 of 2023

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Applicant :- Shyam Babu @ Vishesh Tiwari And Another Opposite Party :- State of U.P. Counsel for Applicant :- Indra Mani Tripathi Counsel for Opposite Party :- G.A.,Rajnish Tiwari

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Hon'ble Umesh Chandra Sharma, J.

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Heard Sri Indra Mani Tripathi, learned counsel for the applicants, learned A.G.A for the State and perused the record.

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The instant bail application, under Section 439 Cr.P.C of the Code of Criminal Procedure, 1973, has been filed with a prayer to enlarge the applicants on bail in Case Crime No. 84 of 2020, under Sections 147, 308, 323, 504, 506, 325 I.P.C, Police Station- Koraun, District Prayagraj, during the pendency of trial.

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Counsel for the applicants submitted that the applicants have been falsely implicated in the instant case. It is further submitted that an scuffle took placed between both the parties and both the parties have sustained injuries. From the side of applicants-accused about six persons have sustained injuries in the attack made by the informant's side. So far as the injuries of Rahul Tiwari is concerned it is normal though left jugometic fractures have been seen on the vital part of the body (chick). Since there is no injury on the skull or bony fracture of any bone of the skull, therefore, Section 308 I.P.C does not require. It is also argued that general role has been assigned to all the accused persons in the F.I.R and also in the statement recorded under Section 161 Cr.P.C. It has also been contended by learned counsel for the applicants that there are three days delay in conducting the medical examination of the injured.

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Contrary to that, the learned counsel for the opposite party no. 2 pointed out the medical papers dated 10th March, 2020, shows that injured Rahul Tiwari has been admitted in Moti Lal Nehru Medical College, (S.R.N Hospital, Allahabad), Prayagraj.

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Learned counsel for the applicant has further submitted that co-accused Manish Tewari, who has been assigned similar role to that of the present accused-applicants, has already been released on bail by the Co-ordinate Bench of this Court. Learned counsel for the applicants has also contended that it has not been established that the alleged stitched wound occurred to Rahul Tiwari, was caused by the applicant alone. Learned counsel for the applicants has lastly contended that the applicant is in jail since 08.08.2023 . In case, he is enlarged on bail, he will not misuse the said liberty.

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The prosecution 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. Accordingly, the bail application is allowed.

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Let the applicants - Shyam Babu @ Vishesh Tiwari and Chhotu @ Dhananjay, involved in the aforesaid case crime be released on bail on their furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to the conditions that they:

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(i) shall appear on the date fixed by the trial court;

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(ii) shall not tamper with the prosecution evidence;

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(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 :- 25.9.2023

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Vinod.

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Digitally signed by :- VINOD KUMAR JAISWAL High Court of Judicature at Allahabad

Shyam Babu @ Vishesh Tiwari and Another v. State of U.P.

Case brief

What is this about?

What did the court decide?

Shyam Babu @ Vishesh Tiwari and Another v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

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Statutes considered

Parties & counsel

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