Allowed

Baijnath Tiwari v. State of U.P. Thru. Prin.Secy. Home Deptt. Lko

Allahabad HC19 Feb 2024/1722/2024

Case brief

AI extract

What is this about?

Hon'ble Mohd. Faiz Alam Khan, J., allowed bail to Baijnath Tiwari who was languishing in jail since 05.11.2023. The applicant alleged false implication and noted he secured bail in seven prior identical cases. Bail was granted subject to personal bond and conditions against tampering and new crimes.

What did the court decide?

Release on bail with a personal bond and two sureties subject to conditions against tampering with evidence, seeking adjournments, or committing further crimes.

Baijnath Tiwari Vs State of U.P. Thru. Prin.Secy. Home… — Bail and Remand | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:14522

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Court No. - 15

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 1722 of 2024

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Applicant :- Baijnath Tiwari Opposite Party :- State Of U.P. Thru. Prin.Secy. Home Deptt. Lko Counsel for Applicant :- Faizal Hashmi Counsel for Opposite Party :- G.A.

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Hon'ble Mohd. Faiz Alam Khan,J.

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Heard learned counsel for the accused-applicant as well as learned A.G.A. for the State and perused the record.

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Learned A.G.A. informs that he has procured complete instructions in the matter, including upto date case diary and, charge sheet in this case has already been filed.

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This bail application has been moved by the accused/applicant- Baijnath Tiwari for grant of bail in Case Crime No.0263 of 2023, under Sections 406, 420, 504 and 506 IPC lodged at Police Station Khandasa, District Ayodhya/Faizabad, during trial.

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Learned counsel for the accused-applicant, while pressing the bail application, submits that the applicant has been falsely implicated in this case and, he has not committed any offence, as claimed by the prosecution. Eight FIRs have been lodged against the applicant on the basis of identical allegations, however, out of these eight criminal cases, the applicant has been granted bail in seven cases and copies of bail orders with regard to these seven case have been placed on record on page36 on wards of the paper-book. It is further submitted that the offence in question wherein the charge-sheet has been filed entails punishment upto seven years of imprisonment.

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It is next submitted that the applicant is languishing in jail in this case since 05.11.2023. Charge sheet in this case has already been filed and there is no apprehension that after being released on bail, he may flee from the course of law or may otherwise misuse the liberty.

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Learned A.G.A., however, opposes the prayer of bail of the applicant by showing that the applicant is the secretary of the concerned society as well as the society was engaged in a business for which the same was not constituted.

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Having heard learned counsel for the parties and having perused the record, it is reflected that on the basis of identical

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allegations about eight criminal cases have been launched against the applicant, however, out of these eight cases, he applicant has been granted bail in seven cases. The alleged offence wherein the charge-sheet has been submitted entails punishment upto seven years of imprisonment. The applicant is languishing in jail in this case since 05.11.2023. Charge sheet in this case has also been filed and the presence of the applicant may be secured before the trial court by placing adequate conditions.

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Keeping in view the nature of the offence, evidence, complicity of the accused, severity of punishment, submissions of the learned counsel for the parties and without expressing any opinion on the merits of the case, I am of the considered view that applicant has made out a case for bail. The bail application is thus allowed .

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Let the accused/applicant- Baijnath Tiwari involved in above-mentioned case, be released on bail on his furnishing a personal bond with two sureties in the like amount to the satisfaction of the court concerned subject to following conditions:-

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

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

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

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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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Identity, status and residence proof of the applicant and sureties be verified by the Court concerned before the bonds are accepted.

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Observations made herein-above by this court are only for the purpose of disposal of this bail application and shall not be construed as an expression on the merits of the case.

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Order Date :- 19.2.2024MVS/-

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Digitally signed by :- MANOJ VIKRAM SINGH CHAUHAN High Court of Judicature at Allahabad, Lucknow Bench

Baijnath Tiwari v. State of U.P. Thru. Prin.Secy. Home Deptt. Lko

Case brief

What is this about?

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Baijnath Tiwari v. State of U.P. Thru. Prin.Secy. Home Deptt. Lko

Case brief

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What did the court decide?

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