Allowed

Balram Tiwari v. State of U.P. Thru. Prin. Secy. Deptt. of Home, U.P. Civil Sectt. Lko.

Allahabad HC25 May 2024/5055/2024

Case brief

AI extract

What is this about?

Hon'ble Jaspreet Singh, J. allowed bail to Balram Tiwari in a case for affray, hurt, and attempt to murder. The court relied on bank withdrawal records proving the applicant's absence from the scene, noting no risk of absconding.

What did the court decide?

Applicant released on bail on personal bond with two sureties subject to five conditions regarding court attendance and truthfulness.

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

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Neutral Citation No. - 2024:AHC-LKO:40006

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Court No. - 21

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 5055 of 2024

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Applicant :- Balram Tiwari Opposite Party :- State Of U.P. Thru. Prin. Secy. Deptt. Of Home, U.P. Civil Sectt. Lko. Counsel for Applicant :- Rajeev Mishra,Mool Shankar Mishra Counsel for Opposite Party :- G.A.,Arvind Kumar Mishra

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Hon'ble Jaspreet Singh,J.

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Supplementary-affidavit has been filed by the applicant which is taken on record. The State has also filed a counteraffidavit, the same is also taken on record.

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Heard learned counsel for the applicant and learned AGA for the State-respondent.

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By means of the instant bail application, the applicant seeks bail in respect of Case Crime No.56 of 2024, under Sections 147, 148, 149, 323, 325, 308, 341, 504, 506, 307, 120-B IPC, relating to police station Haiderganj, District Faizabad/Ayodhya.

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The submission of the learned counsel for the applicant is that the applicant has been falsely implicated in the matter. The applicant is 71 years of age and in paragraph 6 of the affidavit in support of the bail application, he had categorically stated that on the given date, he was in bank and he had withdrawn cash. It is in furtherance thereof that the supplementaryaffidavit has been filed today wherein the applicant has filed annexure no.3, it is a statement of the bank indicating that on 26.03.2024, cash of Rs.25,000/- was withdrawn. It is thus submitted that the applicant was not present at the place of occurrence; inasmuch as in the FIR, the alleged incident is said to have occurred on 26.03.2024 at around 12.00 noon whereas the applicant was in the bank and the distance between the bank and the place of occurrence is around 12 kilometer and in the aforesaid circumstances, the presence of the applicant probably could not be there. However, since there is a civil dispute going on between the parties, the applicant has been named and he is in jail since 31.03.2024.

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Learned A.G.A. has opposed the prayer for bail, however, could not dispute the aforesaid facts and he submits that the

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injured, other eye witnesses have confirmed the presence of the applicant and the nature of the injuries received by the injured are grievous, hence the bail application deserves to be rejected.

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Considering the rival submissions, the facts and circumstances of the case and the material available on record including that prima facie the applicant as indicated that he was in the bank at the time of occurrence and had withdrawn cash and the statement has also been brought on record which prima facie cannot be disputed at this stage considering the age, nature of allegations and accusation against the applicant, the severity of the punishment if convicted and the period of incarceration as well as the fact that no apprehension has been expressed by the learned AGA that the applicant is at the risk of fleeing justice or that he would tamper with evidence or influence any witness, hence, at this stage, without expressing any opinion on the merits of the case, this Court is of the view that the applicant is entitled to be released on bail.

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Let the applicant Balram Tiwari involved in Case Crime No.56 of 2024, under Sections 147, 148, 149, 323, 325, 308, 341, 504, 506, 307, 120-B IPC, relating to police station Haiderganj, District Faizabad/Ayodhya be released on bail on his furnishing a personal bond with two reliable sureties each in the like amount to the satisfaction of the court concerned.

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At the time of executing required sureties the following conditions shall be imposed in the interest of justice.

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(i) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law.

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(ii) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him under Section 229-A of the Indian Penal Code.

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(iii) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under Section 82 Cr.P.C. is issued and the applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law, under Section 174-A of the Indian Penal Code.

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(iv) The applicant shall remain present, in person, before the

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trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 313 Cr.P.C. If in the opinion of the trial court, absence of the applicant is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against him in accordance with law.

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(v) In case if the aforesaid statement filed as annexure no.3 with the supplementary affidavit is found to be false, it shall be open for the State to move an appropriate application.

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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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Order Date :- 25.5.2024 ank

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Digitally signed by :- ALI NEWAZ KHAN High Court of Judicature at Allahabad, Lucknow Bench

Balram Tiwari v. State of U.P. Thru. Prin. Secy. Deptt. of Home, U.P. Civil Sectt. Lko.

Case brief

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What did the court decide?

Balram Tiwari v. State of U.P. Thru. Prin. Secy. Deptt. of Home, U.P. Civil Sectt. Lko.

Case brief

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What did the court decide?

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