Allowed

Amit Tiwari @ Babban Tiwari v. State of U.P. Thru. Prin. Secy. Home Lko.

Allahabad HC8 May 2024/8/2024

Case brief

AI extract

What is this about?

This bail application arose under FIR No. 545 of 2022 regarding murder under Section 302 IPC. The court allowed the application holding that the affidavit evidence naming the applicant a year later was weak and not credible.

What did the court decide?

Released on bail with personal bond and two sureties on conditions to attend hearings, not commit similar offences, and not tamper with evidence.

Amit Tiwari @ Babban Tiwari Vs State of U.P. Thru. Prin… — Bail and Remand | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:35547

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Court No. - 12

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 8 of 2024

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Applicant :- Amit Tiwari @ Babban Tiwari Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. Counsel for Applicant :- Hari Shanker Tewari,Ajay Tiwari Counsel for Opposite Party :- G.A.

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Hon'ble Pankaj Bhatia,J.

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1. Heard learned counsel for the applicant; Shri G.D. Bhatt, learned AGA and perused the record.

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2. The applicant seeks enlargement on bail in FIR No.545 of 2022, under Section 302 IPC, P.S. Antu, District Pratapgarh.

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3. In terms of the FIR registered against unknown person it was alleged that the mother of the informant had gone out of home on 02.11.2022. It was also stated that she used to work as a labour and was mentally challenged and information was received that somebody had killed her. No one was named in the FIR, however, after about one year of the alleged incident, on 25.02.2023, the informant gave a statement that on the said date, he had seen the applicant, however, on account of fear, he did not disclose the name, and based upon the said statement and another statement dated 25.02.2023, the applicant was linked with the offence in question. It is argued that the applicant has no criminal history and is in custody since 03.07.2023.

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4. Learned AGA has opposed the bail application.

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5. Considering the fact that the applicant was not named in the FIR and the name of the applicant was taken by the informant after about one year of the alleged incident and finding the said evidence prima-facie to be of weak character and not credible enough, the applicant who has no criminal history is entitled to be enlarged on bail. In view thereof, the application is allowed.

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6. Let the applicant Amit Tiwari @ Babban Tiwari be released on bail in aforesaid FIR number on his furnishing a personal bond with two sureties of the like amount each to the satisfaction of court concerned with the following conditions:

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(a) The applicant shall execute a bond to undertake to attend the hearings;

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(b) The applicant shall not commit any offence similar to the offence of which he is accused or suspected of the commission; and

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(c) 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 officer or tamper with the evidence.

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Order Date :- 8.5.2024 nishant

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Digitally signed by :- NISHANT MOHAN High Court of Judicature at Allahabad, Lucknow Bench

Amit Tiwari @ Babban Tiwari v. State of U.P. Thru. Prin. Secy. Home Lko.

Case brief

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Amit Tiwari @ Babban Tiwari v. State of U.P. Thru. Prin. Secy. Home Lko.

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