Sanjay Tiwari @ Sunny Vs State of U.P Thru. Prin. Secy. Deptt. Home Civil Secrt. Lko.

Neutral Citation No. - 2024:AHC-LKO:33431

Court No. - 33

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 4127 of 2024

Applicant :- Sanjay Tiwari @ Sunny Opposite Party :- State Of U.P Thru. Prin. Secy. Deptt. Home Civil Secrt. Lko. Counsel for Applicant :- Rama Niwas Pathak Counsel for Opposite Party :- G.A.

¶5

Hon'ble Krishan Pahal,J.

¶6

The instant bail application is being heard through Video Conferencing.

¶7

Heard Sri Rama Niwas Pathak, learned counsel for the applicant and Sri Angad Kumar Vishwakarma, learned A.G.A. for the State and perused the record.

¶8

Applicant seeks bail in Case Crime No. 429 of 2020, under Sections 308, 323, 325, 452 of I.P.C., Police Station - Mahrajganj, District - Faizabad/Ayodhya, during the pendency of trial.

¶9

It is submitted by learned counsel for the applicant that similarly placed co-accused person, Rishi Tiwari, has already been enlarged on bail by this Court vide order dated 25.02.2022 passed in Criminal Misc. Bail Application No. 1851 of 2022. It is further submitted that since the case of the applicant is at par to the coaccused, who has already been enlarged on bail, he is also entitled to be enlarged on bail on the ground of parity. The applicant is languishing in jail since 01.04.2024, having no criminal history to his credit. In case, the applicant is released on bail, he will not misuse the liberty of bail and shall cooperate with trial.

¶10

The prayer for bail has been vehemently opposed by learned A.G.A. However, the aforesaid factual aspects of parity to the coaccused and of no criminal history of the applicant, have not been disputed by him.

¶11

Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, evidence on record, pending trial and in the light of the judgement passed by this Court in Nanha S/o Nabhan Kha vs. State of U.P., 1993

¶12

Crl.L.J. 938 and the judgement passed by the Supreme Court in Paras Ram Vishnoi vs. The Director, Central Bureau of Investigation, MANU/SCOR/22410/2021 coupled with the judgement of Supreme Court passed in Satender Kumar Antil vs. Central Bureau of Investigation and another reported in 2022 SCC OnLine SC 825 , without expressing any opinion on the merits of the case, the Court is of the view that the applicant is entitled to be released on bail in this case. The bail application is allowed on the ground of parity.

¶13

Let the applicant- Sanjay Tiwari @ Sunny, involved in aforementioned case crime number be released on bail on furnishing a personal bond and two heavy sureties each in the like amount to the satisfaction of the court concerned subject to following conditions.

¶14

i. The applicant will not tamper with the evidence during the trial.

¶15

ii. The applicant will not pressurize/ intimidate the prosecution witness.

¶16

iii. The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.

¶17

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

¶18

v. 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.

¶19

In case of breach of any of the above conditions, the prosecution shall be at liberty to move bail cancellation application before this Court.

¶20

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

¶21

It is made clear that observations made in granting bail to the applicant shall not in any way affect the learned trial Judge in forming his independent opinion on the testimony of the witnesses.

¶22

Order Date:- 29.4.2024 Siddhant

¶23

(Justice Krishan Pahal)

¶24

Digitally signed by :- SIDDHANT SAHU High Court of Judicature at Allahabad, Lucknow Bench

Sanjay Tiwari @ Sunny v. State of U.P Thru. Prin. Secy. Deptt. Home Civil Secrt. Lko.

Case brief

What is this about?

What did the court decide?

Sanjay Tiwari @ Sunny v. State of U.P Thru. Prin. Secy. Deptt. Home Civil Secrt. Lko.

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Cases cited

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

All orders in this case

Similar cases

Smt Sunita Saxena vs State of Up and Another

Abhishek Kumar Singh @ Abhishek Thakur Vs State of U.P. Thru. Prin. Secy. Home Lko.

Saurabh Shukla Vs State of U.P. Thru. Prin. Secy. Deptt. of Home U.P. Lko.

Riyasat Ali @ Riyasat Vs State of U.P. Thru. Prin. Secy. Home Deptt. Lko.

Deep Singh @ Golu Vs State of U.P. Thru.Prin.Secy. Deptt. of Home

Sanjay Tiwari @ Sunny vs State of U.P Thru. Prin. Secy. Deptt. Home Civil Secrt. Lko.