Akash Tiwari Vs State of U.P. Thru. Prin. Secy. Home Lko and 2 Others

Neutral Citation No. - 2024:AHC-LKO:82648

Court No. - 13

Case :- CRIMINAL APPEAL No. - 3384 of 2024

Appellant :- Akash Tiwari Respondent :- State Of U.P. Thru. Prin. Secy. Home Lko And 2 Others Counsel for Appellant :- Shiv Kumar Yadav,Anil Kumar Tiwari,Mata Prasad Chaturvedi,Rakesh Kumar Nayak Counsel for Respondent :- G.A.,Amit Kumar Singh,Gopal Krishna Dixit

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Hon'ble Rajeev Singh,J.

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Heard learned counsel for the appellant, learned A.G.A. for the State and learned counsel for private respondents.

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This criminal appeal has been filed under Sections 14-A(2) of Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act, 1989 against order dated 9.10.2024 passed by Special Judge SC/ST Act, Lucknow in Bail Application No. 7911 of 2024 arising out of Case Crime No. 385 of 2023 under Sections 147, 148, 302, 307, 120-B I.P.C., Section 3(2)(v) of SC/ST Act, Police Station Sushant Golf City, District Lucknow.

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Learned counsel for the appellant submitted that the appellant has falsely been implicated in the present case. It is further submitted that in the statement of the injured-Sanjay Kumar recorded under Section 161 Cr.P.C., appellant was not named. It is also submitted that charge sheet has been filed in the most mechanical manner, there is no possibility of tampering of any evidence. It is lastly submitted that the co-accused person, Mohit Pandey having identical role, has already been enlarged on bail vide orders dated 4.9.2024 passed in Criminal Appeal No. 267 of 2024. (Photocopy of the bail order dated 4.9.2024 is annexed with the bail application). It is, thus, submitted that the impugned order is liable to be set aside and the appellant, who is in jail since 24.9.2024, is also entitled for bail. It is also submitted that the appellant is ready to cooperate in the trial.

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Learned A.G.A. vehemently oppose the prayer of the appellant and submit that after detail

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investigation, charge sheet has been filed but he does not dispute the fact that the co-accused Mohit Pandey has already been enlarged on bail.

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Considering the arguments advanced by the learned counsel for the appellant, learned A.G.A., learned counsel for private respondents and going through the contents of the appeal, F.I.R., impugned order as well as other relevant documents including the bail order dated 4.9.2024, it is evident that the co-accused Mohit Pandey has already been enlarged on bail.

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In view of above facts and circumstances as also keeping in view the fact that the trial of the case is not likely to be concluded in near future, the appeal has substance and it is accordingly, allowed.

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Impugned order dated 9.10.2024 passed by Special Judge SC/ST Act, Lucknow in Bail Application No. 7911 of 2024 arising out of Case Crime No. 385 of 2023 under Sections 147, 148, 302, 307 I.P.C., Section 3(2)(v) of SC/ST Act, Police Station Sushant Golf City, District Lucknow, is hereby set aside.

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Let appellant, Akash Tiwari be released on bail in the aforesaid case crime number on his furnishing personal bond and two reliable sureties each of the like amount to the satisfaction of the court concerned subject to following additional conditions :-

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(i) The appellant shall file an undertaking to the effect that he will 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 appellant 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 229-A of the Indian Penal Code.

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(iii) In case, the appellant 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 appellant 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 appellant shall remain present, in person, before the trial court on the dates fixed for recording of statement under Section 313 Cr.P.C. If in the opinion of the trial court absence of the appellant 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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Order Date :- 10.12.2024 Gaurav/-

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Digitally signed by :- GAURAV PAL High Court of Judicature at Allahabad, Lucknow Bench

Akash Tiwari v. State of U.P. Thru. Prin. Secy. Home Lko and 2 Others

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Akash Tiwari v. State of U.P. Thru. Prin. Secy. Home Lko and 2 Others

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