Piyush Tiwari Vs State of U.P. Thru. Prin.Secy. Home

Neutral Citation No. - 2024:AHC-LKO:11695

Court No. - 13

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 926 of 2024

Applicant :- Piyush Tiwari Opposite Party :- State Of U.P. Thru. Prin.Secy. Home Counsel for Applicant :- Sunil Kumar Singh Counsel for Opposite Party :- G.A.

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Hon'ble Rajeev Singh,J.

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Heard learned counsel for the applicant, learned A.G.A for the State of U.P. and perused the record.

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The present bail application has been filed on behalf of the applicant in FIR No. 473 of 2021, under Sections 419, 420, 467, 468, 471, 504 and 506 I.P.C., Police StationGomtinagar, District-Lucknow, with the prayer to enlarge him on bail.

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Learned counsel for the applicant submitted that the applicant is an innocent person and has been falsely implicated in the case and he is in jail since 08.08.2023. He further submitted that informant of the present case as well as informants of the FIR Nos. 472 of 2021 and 474 of 2021 are the close friends and they were compelling the mother of the applicant for selling her property, which was situated in Uttrakhand and cheque of Rs.8 lakhs was also given, which was dishonored. Thereafter, FIR No. 156 of 2021 was lodged on the application moved under Section 156(3) Cr.P.C. by the mother of the applicant on 10.03.2021 against Sanjeev Kumar Srivastava, Hari Babu as well as Dhananjay Tiwari (informant of the present F.I.R.). He further submitted that Investigating OfÏcer was in connivance with the informant of the present case, as a result, final report was submitted in FIR No.156 of 2021. He also submitted that total three FIRs were lodged by the accused person of FIR No.156 of 2021. He next submitted that during the course of investigation, arrest of the applicant was stayed by the Writ Court and he never

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misused the liberty granted by the writ Court and he is ready to cooperate in the trial. He lastly submitted that the co-accused, Harmita Tiwari has already been granted bail by this Court vide order dated 15.05.2023 passed in Crl. Misc. Bail Application No. 5678 of 2023. (Photocopy of the bail order is annexed as Annexure 4 to the bail application). In these circumstances, the applicant is also entitled for bail. In case of being enlarged on bail, he will not misuse the liberty of bail.

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Learned A.G.A. opposed the prayer for grant of bail to the applicant, but he does not dispute the fact that FIR No.156 of 2021 was lodged by the mother of the applicant against the informant of the present case as well as two others, those are the informants of the FIR Nos.472 of 2021 and 474 of 2021.

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Considering the rival submissions of learned counsel for the applicant, learned A.G.A. and going through the contents of FIR as well as other relevant documents, I am of the view that the applicant is entitled to be released on bail.

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Let the applicant-Piyush Tiwari, who is involved in aforementioned case 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 subject to following conditions.

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(i) The applicant shall not commit or participate in any offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected.

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(ii) 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 ofÏcer or tamper with the evidence.

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(iii) The applicant shall file an undertaking to the effect that

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he shall not seek any adjournment on the date 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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(iv) 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 sufÏcient cause, the Trial Court may proceed against him under Section 229A IPC.

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(v) 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., may be issued and if 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 IPC.

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(vi) The applicant shall remain present, in person, before the Trial Court on dates fixed for (1) opening of the case, (2) framing of charge and (3) 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 sufÏcient 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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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 :- 8.2.2024 VKS

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

Piyush Tiwari v. State of U.P. Thru. Prin.Secy. Home

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Piyush Tiwari v. State of U.P. Thru. Prin.Secy. Home

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