Allowed

Nitesh Tiwari v. the State of U.P. Thru.Secy. Home Deptt.

Allahabad HC12 Mar 2024/519/2023

Case brief

AI extract

What is this about?

In a bail application under Section 438 CrPC, theAllahabad High Court allowed release of the applicant who was in custody, as prima facie the allegations did not disclose an offence committed against consent with no recovery of incriminating material.

What did the court decide?

Allowance to release on bail by furnishing a personal bond with two sureties of Rs. 20,000 each and execution of certain conditions.

Nitesh Tiwari Vs the State of U.P. Thru.Secy. Home Deptt. — Bail and Remand | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:21735

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Court No. - 12

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 519 of 2023

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Applicant :- Nitesh Tiwari

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Opposite Party :- The State Of U.P. Thru.Secy. Home Deptt. Counsel for Applicant :- Neeraj Sahu,Avnish Kumar Tiwari Counsel for Opposite Party :- G.A.,Avikshit Mishra

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Hon'ble Pankaj Bhatia,J.

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Heard learned counsel for the applicant, learned AGA and perused the record.

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The applicant seeks enlargement on bail in FIR No.226 of 2022, under Section 452, 376, 506 IPC and 66 D, 67(A) I.T. Act, P.S. Arwal, District Hardoi.

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In terms of the FIR registered on 22.07.2022, it was alleged that the applicant had taken certain photographs of the victim and on the pretext of black mailing her, the applicant made physical relations with the victim on various occasions. It was stated that the applicant had posted the photographs of the victim on social media. Subsequently, in the statement under Section 161 Cr.P.C., she reiterated the FIR version and disclosed her date of birth as 17.07.2000. In the statement under Section 164 Cr.P.C. also, she reiterated the version.

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From the allegations levelled, learned counsel for the applicant submits that the relationship was consensus, which is demonstrated from the WhatsApp chat, which is on record as Annexure No.5.

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Learned AGA has vehemently opposed the bail application.

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Considering the statements advanced herein above, prima facie there is no allegation that the offence was committed against the consent of the victim and there was no recovery of the alleged photographs. Considering the submissions advanced, coupled with the fact that the applicant, who has no criminal history and is in custody since 25.07.2022, is entitled to be enlarged on bail. In view thereof, the application is allowed .

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Let the applicant- Nitesh Tiwari be released on bail in aforesaid FIR number on his furnishing a personal bond with two sureties of Rs.20,000/- 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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[Pankaj Bhatia,J.]

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Order Date :- 12.3.2024 -Amit K-

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Digitally signed by :- AMIT KUMAR High Court of Judicature at Allahabad, Lucknow Bench

Nitesh Tiwari v. the State of U.P. Thru.Secy. Home Deptt.

Case brief

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Nitesh Tiwari v. the State of U.P. Thru.Secy. Home Deptt.

Case brief

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What the court decided

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