Allowed

Gaurav Tiwari v. State of U.P. Thru. Prin. Secy. Home Civil Sectt. Lko

Allahabad HC15 Oct 2024BAIL/10594/2024

Case brief

AI extract

What is this about?

Bail application allowed. Court granted bail to applicant accused of rape under BNS, noting he is not named in FIR, has no prior record, no eye-witness evidence, and was allegedly absent from the crime scene.

What did the court decide?

Applicant released on bail by furnishing a personal bond of Rs.50,000 with two sureties, subject to undertaking not to seek adjournments and appear in court.

Gaurav Tiwari vs State of U.P. Thru. Prin. Secy. Home… — Bail and Remand | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:70918

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Court No. - 11

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 10594 of 2024

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Applicant :- Gaurav Tiwari Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Civil Sectt. Lko Counsel for Applicant :- Digvijay Nath Dubey,Jaya Pandey Counsel for Opposite Party :- G.A.,Shyamji Dixit

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Hon'ble Rajesh Singh Chauhan,J.

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Heard Sri D. N. Dubey, assisted by Ms. Jaya Pandey, learned counsel for the applicant and Sri Diwakar Singh, learned A.G.A.-I for the State and Sri Parmendra Kumar, learned counsel for the informant.

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Learned A.G.A. has filed the counter affidavit. The same is taken on record.

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Learned counsel for the applicant has stated that he shall file rejoinder affidavit and shall apprise the court on the basis of material available on record. As per the learned counsel for the applicant, the present applicant is in jail since 11.08.2024 in Case Crime No. 219/2024, under Sections 103(1), 190 B.N.S., Police Station- Atariya, District- Sitapur. He has submitted that the present applicant has been falsely implicated in the present case as he has not committed any offence as alleged.

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In Para 19 of the bail application, it has been categorically indicated that the present applicant is a bright student and was about but pursue his graduation and is having no prior criminal history of any kind whatsoever. Attention has been draw towards impugned F.I.R. wherein the date .of incident has been indicated as 01.08.2024, however, the FIR has been lodged on 05.08.2024 without explaining the delay in the impugned FIR. The present applicant is not named, however, his father and brother are named in the FIR. The allegations have been levelled against his father, brother and other persons but no allegation has been levelled against the present applicant. Even as per the statement of father of the applicant, it has not been indicated that the present applicant has committed any offence, rather this much has been indicated that the present applicant was not present at the place in question. It is stated that there is no eye-witness account so far as the role of the present applicant is concerned. There is no last seen evidence relating to

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the present applicant.

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Learned A.G.A. has drawn of this Court towards Annexure so annexed in the counter affidavit showing the statement of one Bhuwaneshwar Tiwari, of Rahul Tiwari and Sahul Tiwari who are the family members of the deceased as well as the statement of independent witness namely Mohit Tiwari and Mohit Mishra but no one has alleged anything against the present applicant to submit that the present applicant has committed the offence in question. Learned A.G.A. has submitted that the investigation in going on and culpability of the present applicant, if any, may be ascertained after completion of investigation.

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From the case diary, the statement of the father of the applicant has been shown wherein it has not been indicated that the present applicant has committed the offence in question.

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Having heard learned counsel for the parties and having perused the material available on record, since the present applicant is a young boy of 21 years having no prior criminal history of any kind whatsoever; he is not named in the FIR, nor any allegation of committing the offence in question has been levelled against him; no witness from either side has levelled any specific allegation against the present applicant; there is no eye-witness account or last-seen evidence so far as the role of the present applicant is concerned, I find it appropriate that the present applicant may be enlarged on bail. Accordingly, the bail application is allowed.

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Let the applicant namely Gaurav Tiwari be released on bail in the aforesaid case crime number on his furnishing a personal bond of Rs.50,000/- with two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:-

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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

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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 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) The present applicant shall not leave the country without prior permission of the Court.

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(Rajesh Singh Chauhan,J.)

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Order Date :- 21.10.2024 (Manoj K.)

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

Gaurav Tiwari v. State of U.P. Thru. Prin. Secy. Home Civil Sectt. Lko

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Gaurav Tiwari v. State of U.P. Thru. Prin. Secy. Home Civil Sectt. Lko

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