Allowed

Deenbandhu Tiwari and Another v. State of U.P.

Allahabad HC9 Feb 2023BAIL/6422/2023

Case brief

AI extract

What is this about?

The Single Judge allowed the bail application of two applicants accused of offences under the IPC in a riot and assault case. Relying on parity with co-accused already on bail and the completion of investigation, the court granted bail subject to conditions.

What did the court decide?

Release on personal bond and two sureties each subject to conditions against tampering with witnesses and cooperation in trial.

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

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Court No. - 23

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6422 of 2023

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Applicant :- Deenbandhu Tiwari And Another Opposite Party :- State of U.P. Counsel for Applicant :- Ashok Kumar Singh Counsel for Opposite Party :- G.A.

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Hon'ble Vinod Diwakar,J.

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Heard learned counsel for the applicants and learned A.G.A. on behalf of State and perused the record.

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The instant bail application has been filed on behalf of the applicants, with a prayer to release them on bail in Case Crime No. 611 of 2017, under Sections 147, 148, 323, 308, 452, 504, 506 IPC, Police Station Bairia, District Ballia, during pendency of trial.

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It is submitted by learned counsel for the applicants that applicants are innocent and have been falsely implicated in the present case due to ulterior motive. He further submits that the police has submitted the charge sheet against the applicants without arresting them, the applicants had cooperated with the police during investigation and they are senior citizens. He next argued that identically placed co-accused, Umesh Tiwari, Mithlesh, Deepak Tiwari and Manish Tiwari, have been granted bail by Co-ordinate Benches of this Court vide orders dated 04.01.2023 and 23.01.2023 passed in Criminal Misc. Bail Application Nos. 46617 of 2022 and 58562 of 2022, thus applicants are also entitled to be enlarged on bail on the ground of parity as well. He further submits that applicants have no previous criminal history as mentioned in para 19 of the bail application and they are languishing in jail since 13.01.2023. In case, they are released on bail, they will not misuse the liberty of bail and will cooperate in trial.

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On the other hand, learned AGA opposed the prayer for bail and submits that serious injuries are caused to the injured persons and they have been hospitalized for the treatment even though the police has filed the charge sheet without arrest and applicants has cooperated with the police, applicants bail application may be rejected.

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Having heard the learned counsel for the parties and after perusal of record, I find that identically situated co-accused persons have already been enlarged on bail by the co-ordinate

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Benches of this Court and applicants are not required for further interrogation as the police has filed the charge sheet without arrest.

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Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties and keeping in view the nature of offence, evidence, complicity of accused, it may take some time to conclude the trial. Hence, therefore, there is no point of keeping the applicants in jail during the pendency of the trial. Hence, therefore, the bail application is allowed.

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Observation made by this court while deciding the present bail application are prima facie in nature and shall have no bearing on the trial of the case.

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Let the applicants, Deenbandhu Tiwari and Dinesh Tiwari 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 following conditions. Further, before issuing the release order, the sureties be verified.

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

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

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

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Order Date :- 9.2.2023 Ujjawal

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Digitally signed by :- UJJAWAL PARJAPATI High Court of Judicature at Allahabad

Deenbandhu Tiwari and Another v. State of U.P.

Case brief

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Deenbandhu Tiwari and Another v. State of U.P.

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