Allowed

Aadya Prasad Tiwari v. State O U.P. Thru. Prin. Secy. Home Lko

Allahabad HC23 Oct 2024/8450/2024

Case brief

AI extract

What is this about?

Patna High Court, Allahabad Bench, granted bail to Aadya Prasad Tiwari in a criminal trial for cheating and fraud, noting the applicant is an aspirant student with no prior antecedents, though offences under S. 420, 467, etc. were alleged.

What did the court decide?

Applicant released on bail on personal bond and two sureties subject to conditions not to tamper with evidence and remaining present for trial.

Aadya Prasad Tiwari Vs State O U.P. Thru. Prin. Secy… — Cheating and Forgery | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:71510

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Court No. - 15

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 8450 of 2024

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Applicant :- Aadya Prasad Tiwari Opposite Party :- State O U.P. Thru. Prin. Secy. Home Lko Counsel for Applicant :- Dhirendra Kumar Mishra,Arun Kumar Mishra Counsel for Opposite Party :- G.A.

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Hon'ble Shree Prakash Singh,J.

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Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.Rejoinder affidavit filed today is taken on record.

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The instant bail application has been filed on behalf of the applicant with the prayer to release him on bail during the trial in Case Crime No. 231 of 2023, under sections 420, 467, 468, 471, 506, 406 I.P.C ,Police Station-Aliganj, District -Ambedkar Nagar.

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Contention of learned counsel for the applicant is that the applicant is innocent and has falsely been implicated in the instant matter due to ulterior motive. He next added that ingredients of sections 406, 420, 467, 468, 471 I.P.C do no attract in the present matter, which is apparently clear from the bare perusal of the First Information Report . He further added that the police has not collected any piece of evidence for committing offence by the applicant as evident in the F.I.R. and the applicant is an student. He submits that the applicant is languishing in jail since 6.7.2024. He lastly submitted that the main allegation is against the Mudhukar Mishra and role of the present applicant is distinguishable from the main accused Madhukar Misha. He added that there is no previous criminal antecedent of the applicant. He further submits that the applicant undertakes that in case, he is granted bail, he will not misuse the liberty of the same and would cooperate in the trial proceedings.

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Per contra, learned AGA appearing for the State has opposed the contentions aforesaid and submits that the applicant is not entitled for any relief as he has committed offence and there is documentary proof of the same.

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Having heard learned counsels for the parties and after perusal

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of material placed on record, it transpires that the allegations of committing offence like cheat and fraud do not attract in the present case; the allegation against the applicant is that he has threatened the complainant in companion with the other coaccused persons; he is aspirant in the competitive examination; the applicant is languishing in jail since 6.7.2024; there is no previous criminal antecedent of the applicant coupled with the fact that the applicant has undertaken that if he is granted bail, he will not misuse the liberty of the same and would cooperate in the trial proceedings.

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Considering the submissions of learned counsel of both sides, nature of accusation and severity of punishment in case of conviction, nature of supporting evidence, prima facie satisfaction of the Court in support of the charge, reformative theory of punishment and considering larger mandate of the Article 21 of the Constitution of India and, without expressing any view on the merits of the case, I find it to be a fit case of bail.

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Let the applicant - Aadya Prasad Tiwari, involved in the aforementioned crime be released on bail, on his furnishing a personal bond and two sureties each in the like amount, to the satisfaction of the court concerned, with the following conditions:-

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(1) The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, or otherwise during the investigation or trial;

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(2) 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. He 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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(3) The applicant shall remain present, in person, before the 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.; and

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(4) 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, 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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The identity, status and residential proof of sureties will be verified by the court concerned and in case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail and send the applicant to prison.

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It is clarified that the observations made in this order are strictly confined to the disposal of this bail application and must not be construed to have any reflection on the merits of the case.

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Order Date :- 23.10.2024 Anu j Sing h

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Digitally signed by :- ANUJ PRATAP SINGH High Court of Judicature at Allahabad, Lucknow Bench

Aadya Prasad Tiwari v. State O U.P. Thru. Prin. Secy. Home Lko

Case brief

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Aadya Prasad Tiwari v. State O U.P. Thru. Prin. Secy. Home Lko

Case brief

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