Single judge allowed bail to the applicant Puneet Tiwari in a criminal case involving sections 147, 148, 149, 323 IPC, ordering him to be released on a personal bond and two sureties with specific conditions.
Released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court below.
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Court No. - 74
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 53222 of 2022
Applicant :- Puneet Tiwari Opposite Party :- State of U.P. Counsel for Applicant :- Ali Hasan,Daya Shankar Singh,Istiyaq Ali,Saurabh Basu
Counsel for Opposite Party :- G.A.,Awadhesh Kumar Sharma
Hon'ble Ajay Bhanot,J.
By means of the the bail application the applicant has prayed to be enlarged on bail in Case Crime No.189 of 2022 at Police Station-Badlapur, District-Jaunpur under Sections 147, 148, 149, 323, 504, 506, 325, 307 I.P.C. The applicant is in jail since 18.10.2022.
The bail application of the applicant was rejected by the learned trial court on 21.10.2022.
The following arguments made by Ali Hasan, learned counsel assisted by Shri Saurabh Basu, learned counsel and Shri Asif Hasan, learned counsel counsel on behalf of the applicant, which could not be satisfactorily refuted by Shri Shesh Nath Bhatt, learned counsel holding brief of Shri Awadhesh Kumar Sharma, learned counsel for the informant and Shri Paritosh Kumar Malviya, learned AGA-I from the record, entitle the applicant for grant of bail:
(1) The F.I.R. assigns a vague and general role to the applicant in the assault.
(2). As per the prosecution case there are nine co-
accused persons, however, the injured has suffered only one head injury.
(3). The applicant has not been identified as the principal offender who inflicted a grievous injury to the injured.
(4). Prosecution evidence does not connect the applicant with the offence.
(5). The applicant has explained his criminal history. It is also contended that the applicant belongs to the economically poor strata of the society and is a convenient scapegoat for the police authorities. The applicant has been falsely nominated in a number of cases only to show the proficiency of the police investigators. The said cases do not have any bearing on the instant bail application.
(6). The applicant is not a flight risk. The applicant being a law abiding citizen has always cooperated with the investigation and undertakes to cooperate with the court proceedings. There is no possibility of his influencing witnesses, tampering with the evidence or reoffending.
In the light of the preceding discussion and without making any observations on the merits of the case, the bail application is allowed.
Let the applicant- Puneet Tiwari be released on bail in the aforesaid case crime number, on furnishing a personal bond and two sureties each in the like amount
to the satisfaction of the court below. The following conditions be imposed in the interest of justice:-
(i) The applicant will not tamper with the evidence or influence any witness during the trial.
(ii) The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.
Order Date :- 14.2.2023 Dhananjai
Digitally signed by :- DHANANJAI High Court of Judicature at Allahabad
2 issues framed by the court
Whether the applicant is entitled to be enlarged on bail in the pending criminal case.
Whether the conditions of bail should be imposed in the interest of justice.
Puneet Tiwari
State of U.P.
Ajay Bhanot
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
