Allowed

Santosh Kumar Tiwari v. State of U.P.

Allahabad HC12 Jan 2023BAIL/58156/2022

Case brief

AI extract

What is this about?

The Allahabad High Court allowed bail to the applicant Santosh Kumar Tiwari in a criminal offence involving cheating and forgery. The court relied on the absence of satisfaction regarding the validity of termination and the lack of criminal history, granting release on personal bond and sureties.

What did the court decide?

The applicant Santosh Kumar Tiwari was released on bail by furnishing a personal bond and two sureties in the like amount.

Santosh Kumar Tiwari Vs State of U.P. — Cheating and Forgery | Allahabad HC (2023)

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Court No. - 75

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 58156 of 2022

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Applicant :- Santosh Kumar Tiwari Opposite Party :- State of U.P. Counsel for Applicant :- Rajeev Chaddha Counsel for Opposite Party :- G.A.

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Hon'ble Vivek Varma,J.

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Heard learned counsel for the applicant and Sri Vikas Sahai, learned AGA for the State-opposite party.

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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. 74 of 2021, under Sections 419, 420, 467, 468, 471 I.P.C., Police Station- Sikriganj, District- Gorakhpur during the pendency of trial.

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It is submitted that the applicant has been falsely implicated in the instant case. The applicant was appointed as an Assistant Teacher in the year 2013. The applicant applied for transfer to District- Gorakhpur and was transferred by order dated 21.08.2016. It is further submitted that on the basis of a complaint filed by a third person against the applicant, an inquiry was instituted and subsequently, services of the applicant was terminated. The termination order is under challenge before this Court. It next contended that the TET Degree obtained is genuine. The applicant has not committed any fraud or misrepresentation. The applicant has no criminal history to his credit. The applicant is in jail since 02.09.2022. In case he is enlarged on bail, he will not misuse the said liberty.

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Learned AGA 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- Santosh Kumar Tiwari involved in aforesaid case 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;

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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 :- 12.1.2023 Aditya

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Digitally signed by :- ADITYA KUSHWAHA High Court of Judicature at Allahabad

Santosh Kumar Tiwari v. State of U.P.

Case brief

What is this about?

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Santosh Kumar Tiwari v. State of U.P.

Case brief

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