Indresh Tiwari Vs State of U.P. Thru. Prin. Secy. Home Lko.

Neutral Citation No. - 2024:AHC-LKO:52754

Court No. - 14

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 714 of 2024

Applicant :- Indresh Tiwari Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. Counsel for Applicant :- Kaushal Tiwari Counsel for Opposite Party :- G.A.

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Hon'ble Karunesh Singh Pawar,J.

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Heard learned counsel for the applicant and learned A.G.A. for the State as well as perused the record.

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The present bail application has been filed by accused-applicant seeking bail in Case Crime No.206 of 2022, under Sections 394, 307, 411 I.P.C., P.S. Dostpur, District Sultanpur.

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It is alleged in the prosecution case that on 21.08.2022 the informant along with her nephew has come to dostpur bazar. The informant along with her sister while returning on the motor cycle of Nitesh and at around 01:10 pm as soon as, we reached Bahorapur Rehti mod, three persons came on apache motor-cycle and overtook them and one of the accused pointed out gun towards them before they could understand anything fire was sought at Nitesh yadav with an intent to kill which came on his left thigh. It is further alleged that 12 gm golden chain worn by the informant was looted and all the three ran away.

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Learned counsel for applicant submits that applicant is not named in the F.I.R. False recovery of one golden chain and Rs.1,000/- cash has been shown from the applicant after 23 days of the incident to which there is no independent witness in the same recovery ten more cases have been slapped upon the applicant. The applicant has explained the criminal history in

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the bail application. Applicant is in jail since 13.09.2022.

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Learned A.G.A. has opposed the bail prayer.

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On due consideration to the submissions advanced, perusal of the record as also the fact that the applicant is languishing in jail since 13.09.2022 having no criminal history, charge-sheet in the case has been filed, there is no independent witness to the recovery, without expressing any opinion on merits of the case, I find it to be a fit case for enlarging the applicant on bail.

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Accordingly, the bail application is allowed .

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Let the applicant Indresh Tiwari be released on bail in aforesaid case crime number subject to his furnishing a personal bond and two reliable sureties each in the like amount to the satisfaction of the trial court concerned with the following conditions:

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

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

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(iii) 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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(iv) 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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(v) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case

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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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(vi) 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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Order Date :- 1.8.2024 Saurabh Yadav/-

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Digitally signed by :- SAURABH YADAV High Court of Judicature at Allahabad, Lucknow Bench

Indresh Tiwari v. State of U.P. Thru. Prin. Secy. Home Lko.

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Indresh Tiwari v. State of U.P. Thru. Prin. Secy. Home Lko.

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