Piyush Tiwari Vs State of U.P. Thru. Prin. Secy. Home… — Cheating and Forgery | Allahabad HC (2024)

Piyush Tiwari Vs State of U.P. Thru. Prin. Secy. Home… — Cheating and Forgery | Allahabad HC (2024)

What the court decided

AI extract

Outcome

Applicant Piyush Tiwari to be released on bail in Case Crime No. 474 of 2021 on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the Magistrate/Court concerned, subject to conditions: (i) he shall not tamper with the prosecution evidence; (ii) he shall not pressurize the prosecution witnesses; (iii) he shall appear on each and every date fixed by the trial court.

Issue for consideration

Whether the applicant, Piyush Tiwari, accused in Case Crime No. 474 of 2021 under Sections 419, 420, 467, 468, 471, 504, 506 IPC, P.S. Gomti Nagar, Lucknow, is entitled to be enlarged on bail.

Court's answer

Even as per the F.I.R. allegations, the informant himself claims to have paid a huge sum of money for getting an arms license for his son and employment for various persons through illegal means, which prima facie indicates commission of offence by the informant himself; and the agreement for purchase of immovable property is not registered and does not confer any right on the purchaser.

Ratio / Principle

Coupled with the fact that the applicant is languishing in jail since 08.08.2023 whereas a co-accused has been granted bail, the aforesaid facts are sufficient for making out a case for enlargement of the applicant on bail, without making any observations which may affect the merits of the case.

Key takeaways

The bail application stands allowed; the applicant Piyush Tiwari is to be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the Magistrate/Court concerned, subject to the conditions that he shall not tamper with prosecution evidence, shall not pressurize prosecution witnesses, and shall appear on each and every date fixed by the trial court.ratio¶¶16

Detailed headnote1 paragraphs

Neutral Citation: 2024:AHC-LKO:15996 — High Court of Judicature at Allahabad, Lucknow Bench (Subhash Vidyarthi, J.), Order dated 22.2.2024 in Criminal Misc. Bail Application No. 1777 of 2024: Bail allowed to applicant Piyush Tiwari in Case Crime No. 474 of 2021, P.S. Gomti Nagar, District Lucknow, under Sections 419, 420, 467, 468, 471, 504, 506 IPC. Grounds: (i) even as per the F.I.R. allegations, the informant himself paid Rs. 9 Crores for getting an arms license for his son and employment for various persons through illegal means, prima facie indicating commission of offence by the informant; (ii) the agreement to purchase property annexed in the affidavit was executed on stamp duty of Rs. 100 only and is unregistered, conferring no right on the purchaser; (iii) the applicant was languishing in jail since 08.08.2023; and (iv) co-accused Manish Tiwari had already been granted bail by order dated 25.08.2023 in Criminal Misc. Bail Application No. 10681 of 2023. Applicant directed to be released on a personal bond and two sureties each in the like amount, subject to conditions of not tampering with prosecution evidence, not pressurizing prosecution witnesses, and appearing on every date fixed by the trial court; no observations affecting the merits were made.

Neutral Citation No. - 2024:AHC-LKO:15996

Court No. - 27

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 1777 of 2024

Applicant :- Piyush Tiwari Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. Counsel for Applicant :- Manish Mishra,Sunil Kumar Singh Counsel for Opposite Party :- G.A.

Hon'ble Subhash Vidyarthi,J.

Heard Sri Sunil Kumar Singh, the learned counsel for the applicant as well as Sri Gyanendra Singh, the learned A.G.A. for the State and perused the record.

The instant application has been filed seeking release of the applicant on bail in Case Crime No. 474 of 2021, under Section 419, 420, 467, 468, 471, 504, 506 I.P.C., registered at Police Station Gomti Nagar, District Lucknow.

The aforesaid case has been registered on the basis of F.I.R. lodged on 16.07.2021 against five persons, including the applicant, alleging that the informant had entered into two agreements to purchase property from the accused persons but no sale deed was executed. The informant further alleged that the informant had paid Rs. 9 Crores to the accused persons on various dates for getting an arms license for his son and employment for various persons but they did not get either the arms license or the employment.

In the affidavit filed in support of the bail application, it has been stated that the applicant is innocent and he has been falsely implicated in the present case.

A copy of the agreement to purchase the property record in the F.I.R has been annexed in the affidavit, which indicates that it has been executed on a stamp duty worth Rs. 100 only and it has not been registered.

The learned A.G.A. has opposed the prayer of the bail, but he could not dispute the aforesaid aspects of the matter.

Co-accused Manish Tiwari has been granted bail by this Court by means of the order dated 25.08.2023 passed in CRIMINAL MISC. BAIL APPLICATION No.10681 of 2023.

Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that even as per the F.I.R allegations, it was the informant himself who claims to have paid a huge sum of money for getting an arms license for his son and employment for

various persons through illegal means, which prima facie indicates commission of offence by the informant himself; that the agreement for purchase of immovable property is not registered and it does not confer any right on the purchaser, coupled with the fact that the applicant is languishing in jail since 08.08.2023 whereas a co-accused has been granted bail and without making any observations which may affect the merits of the case, I am of the view that the aforesaid facts are sufficient for making out a case for enlargement of the applicant on bail.

Accordingly, this bail application stands allowed.

Let the applicant- Piyush Tiwari be released on bail in the aforesaid case, on furnishing a personal bond and two sureties each in the like amount to the satisfaction of Magistrate/Court concerned, subject to the following conditions: -

(i) the applicant shall not tamper with the prosecution evidence;

(ii) the applicant shall not pressurize the prosecution witnesses;

(iii) the applicant shall appear on each and every date fixed by the trial court.

(Subhash Vidyarthi, J.)

Order Date :- 22.2.2024 prateek

Digitally signed by :- PRATEEK ARORA High Court of Judicature at Allahabad, Lucknow Bench