Allowed

Vijay Tiwari v. State of U.P.

Allahabad HC2 Feb 2023BAIL/59019/2022

Case brief

AI extract

What is this about?

The High Court allowed the bail application of Vijay Tiwari acquitting him to release on personal bond and sureties, citing jail overcrowding, fundamental right to speedy trial, and Supreme Court dicta, while directing the trial court to expedite the trial.

What did the court decide?

Application allowed; applicant released on personal bond and two sureties subject to specific conditions regarding witness protection and trial attendance; trial court directed to conclude trial withi

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

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Court No. - 73

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 59019 of 2022

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Applicant :- Vijay Tiwari Opposite Party :- State of U.P. Counsel for Applicant :- Anand Pati Tiwari Counsel for Opposite Party :- G.A.

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Hon'ble Siddharth,J.

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Heard learned counsel for the applicant and learned A.G.A.

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The instant bail application has been filed on behalf of the applicant, Vijay Tiwari, with a prayer to release him on bail in Case Crime No. 77 of 2021, under Sections 34,452,504,506,307,302 IPC Police Station Lavedi, District- Etawah, during pendency of trial.

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There is allegation against the named accused, Monu Tiwari of causing fire arm injury to the deceased on the exhortation of co-accused, Ram Lakhan.The allegation against the applicant is that he also fired upon the informant but luckily it missed the target. Learned counsel for the applicant has submitted that deceased died after eight days of the incident.Initially First Information Report was lodged under sections 307,504,506,452,34 I.P.C.The implication under section 302 I.P.C. has been subsequently made after the death of the deceased.Prior to his death, deceased assigned general role to all the accused. There are four assailants only one fatal injury was caused to the deceased. The applicant is in jail since 20.4.2022.The applicant has criminal history of three cases which has been explained in paragraph-4 and 5 of the supplementary afÏdavit.

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Learned A.G.A. has opposed the bail prayer of the applicant but could not dispute the aforesaid facts.

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Keeping in view the nature of the offence, evidence, complicity of the accused; submissions of the learned counsel for the parties noted above; finding force in the submissions made by the learned counsel for the applicant; keeping view the uncertainty regarding conclusion of trial; one sided investigation by police, ignoring the case of

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accused side; applicant being under-trial having fundamental right to speedy trial; larger mandate of the Article 21 of the Constitution of India; considering the dictum of Apex Court in the recent judgment dated 11.07.2022 of the Apex Court in the case of Satendra Kumar Antil vs. C.B.I., passed in S.L.P (Crl.) No. 5191 of 2021 ; considering 5-6 times overcrowding in jails over and above their capacity by the under trials and without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed

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Let the applicant 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 following conditions. Further, before issuing the release order, the sureties be verified.

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The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.

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The applicant shall cooperate in the trial sincerely without seeking any adjournment.

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The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.

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That the applicant shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police ofÏcer;

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The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence and the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law to ensure presence of the applicant.

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The applicant shall remain present, in person, before the trial court on the dates fixed for (i)

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opening of the case, (ii) framing of charge and (iii) recording of statement under Section 313 Cr.P.C. If in the opinion of the trial court default of this condition is deliberate or without sufÏcient cause, then it shall be open for the trial court to treat such default as abuse of liberty of his bail and proceed against him in accordance with law.

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In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.

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The trial court is directed to expedite the trial of the present case and conclude the same expeditiously preferably within a period of one year from the date of production of a certified copy of this order, if there is no legal impediment.

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Order Date :- 2.2.2023 Atul kr. sri.

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Digitally signed by :- ATUL KUMAR SRIVASTAVA High Court of Judicature at Allahabad

Vijay Tiwari v. State of U.P.

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Vijay Tiwari v. State of U.P.

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