Allowed

Rakesh Kumar Tiwari v. State of U.P. Thru. the Prin. Secy. Home Lko

Allahabad HC13 Jun 2024BAIL/6279/2024

Case brief

AI extract

What is this about?

Bail application by a practising lawyer accused in a forgery, cheating and extortion case involving placement of a document with a Sub Registrar; granted bail after prolonged incarceration, relying on a Supreme Court judgment, without expressing opinion on merits.

What did the court decide?

Applicant to be released on bail on furnishing personal bond and two reliable sureties, subject to standard conditions including no evidence-tampering and attendance at trial.

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

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Neutral Citation No. - 2024:AHC-LKO:68583

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Court No. - 14

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6279 of 2024

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Applicant :- Rakesh Kumar Tiwari Opposite Party :- State Of U.P. Thru. The Prin. Secy. Home Lko Counsel for Applicant :- Vijay Nath Pandey 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.0046 of 2022 under Section 419, 420, 467, 468, 471 and 120-B, 386 and 506 IPC and Section 7A P.C.Act, Police Station S.I.T. District Lucknow.

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In the prosecution case, it is alleged that the accused with the co-accused persons by hatching a conspiracy and using illegal means also with the aid of public servants have placed document no.8360 in the office of Sub Registrar Sadar Gonda. It is also alleged that the complainant has been threatened and extortion amount has been demanded from him.

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Learned counsel for the applicant submits that applicant is practicing lawyer. There is no evidence against the applicant. He is not the beneficiary. There is no material collected by the Investigation Officer to implicate him in this case. He is in jail since 17.12.2022. The applicant has explained the criminal history in paragraph 17 of the bail application.

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

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On due consideration to the period of incarceration gone into by the applicant, prima facie ingredients to attract offence under which charge-sheet has been filed, the applicant is languishing in jail since 17.12.2022, so also the judgment passed by Supreme Court in the case of Javed Gulam Nabi Shaikh vs. State of Maharashtra and another : Criminal Appeal No.2787 of 2024 , without expressing any opinion on merits of the case, I find it to be a fit case for

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enlarging the applicant on bail.

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Accordingly, the bail application is allowed .

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Let the applicant 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 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 :- 3.10.2024 Madhu

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Digitally signed by :- MADHU KUMARI High Court of Judicature at Allahabad, Lucknow Bench

Rakesh Kumar Tiwari v. State of U.P. Thru. the Prin. Secy. Home Lko

Case brief

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Rakesh Kumar Tiwari v. State of U.P. Thru. the Prin. Secy. Home Lko

Case brief

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