Allowed

Satyam Tiwari @ Kallu v. State of U.P.

Allahabad HC19 Oct 2023BAIL/44682/2023

Case brief

AI extract

What is this about?

Criminal Miscellaneous Bail Application allowed. The Allahabad High Court released the applicant on personal bond and two sureties. The court noted the applicant was already on bail in related cases and the opposing counsel failed to dispute submissions regarding lack of gang membership.

What did the court decide?

Release of applicant on personal bond and two sureties of equal amount on specified conditions.

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

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Neutral Citation No. - 2023:AHC:203353

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Court No. - 75

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 44682 of 2023

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Applicant :- Satyam Tiwari @ Kallu Opposite Party :- State of U.P. Counsel for Applicant :- Nar Singh Narayan Verma,Manvendra Nath Singh Counsel for Opposite Party :- G.A.

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Hon'ble Umesh Chandra Sharma,J.

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Heard learned counsel for the applicant as well as learned A.G.A. for the State of U.P. and perused the record.

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The instant bail application has been filed with the prayer to enlarge the applicant on bail in Case Crime No. 122 of 2023, under Section 3(1) of the U.P. Gangsters and Anti Social Activities (Prevention) Act, 1986, Police Station G.R.P. District- Moradabad, during the pendency of the trial.

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Learned counsel for the applicant submits that according to the gang chart, 2 cases are shown against the applicant and in the all cases the applicant has been enlarged on bail. The bail orders have been annexed with the affidavit. It is further contended that the applicant is neither a gang leader nor a member of any gang. The criminal history of the applicant has been explained in para 7 of the affidavit accompanying the petition. The applicant is in jail since 17.05.2023.

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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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Considering the rival submissions of learned counsel for parties and without expressing any opinion on the merits of the case, I am of the view that the applicant is entitled to be released on bail. Accordingly, the bail application is allowed.

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Let the applicant- Satyam Tiwari @ Kallu involved in the aforesaid case, be released on bail on his furnishing a personal bond and two sureties each of the like amount to the satisfaction of court concerned on the following conditions that:

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(i) the applicant shall not tamper with the prosecution evidence; (ii) the applicant shall not pressurize the prosecution witnesses; and,

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(iii) the applicant shall appear on each and every date fixed by the trial court.

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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 :- 19.10.2023 S.Verma

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

Satyam Tiwari @ Kallu v. State of U.P.

Case brief

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What did the court decide?

Satyam Tiwari @ Kallu v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

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