Kailash Tiwari @ Kailash Nath Tiwari Vs State of U.P. Thru. Prin. Secy. Home Lko and Another

HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW

CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 2787 of 2024

Kailash Tiwari @ Kailash Nath Tiwari

Versus	.....Applicant(s)
State Of U.P. Thru. Prin. Secy. Home Lko And Another	.....Opposite Party(s)
Counsel for Applicant(s) :	Dinesh Kumar Ojha
Counsel for Opposite Party(s) :	G.A.

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Court No. - 13

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HON'BLE SUBHASH VIDYARTHI, J.

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1. Case called out.

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None present on behalf of the applicant to press the application nor any slip for pass over or adjournment of the case has been sent.

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The applicant was granted interim anticipatory bail by means of the following order passed by a coordinate Bench of this Court on 22.01.2025:

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"Heard learned counsel for the applicant, learned AGA for the State and perused the record.

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The instant anticipatory bail application has been filed on behalf of the applicant with the prayer to release him on anticipatory bail in Case Crime No. 25 of 2021, under sections 147, 148, 149, 308, 323, 332, 333, 353, 504, 506 of IPC, Police Station-Kohandaur, District-Pratapgarh.

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The contention of learned counsel for the applicant is that the applicants is innocent and has falsely been implicated. He added that the applicant himself is the victim as the policemen entered into the house of the applicant's brother in a drunken position and when he was objected, he started hurling abuses and during scuffle, some persons have received injuries including the policemen. He submits that the identically situated co-accused namely, Suresh Tiwari @ Suresh Kumar Tiwari and Another have already been granted interim anticipatory bail in Criminal Misc. Anticipatory Bail Application U/S 438 Cr.P.C. No. 2767 of 2024 vide order dated 18.12.2024. He added that as many as 12 named persons including 8-10 unknown persons have been implicated due to anonymity of the police and the story is otherwise, as is narrated in the first information report. He next added that the applicant is always ready to cooperate in the investigation proceedings and he has never absconded from the investigation proceedings and the chargesheet has been filed. He submits that the applicant has a case criminal history which has been explained through supplementary affidavit and he undertakes that he will always cooperate in the trial proceedings. Further submitted that since there is a

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ABAIL No. 2787 of 2024

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dispute with the police and as such, there is an acute apprehension that the police will arrest him. Thus, submission is that the applicant may be enlarged on anticipatory bail.

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On the other hand, learned AGA appearing for the State has opposed the submissions aforesaid and submits that the applicant is not entitled for any relief.

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Considering the aforesaid facts and circumstances of the case, till the next date of listing, the present applicant- Kailash Tiwari @ Kailash Nath Tiwari, shall be released forthwith in the aforesaid case crime (supra) on an interim anticipatory bail on his furnishing personal bond and two solvent sureties each in the like amount to the satisfaction of the court concerned with the following conditions:-

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(i) that the applicant shall make himself available for interrogation by a police officer as and when required;

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(ii) that 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 her from disclosing such facts to the court or to any police officer or tamper with the evidence;

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(iii) that the applicant shall not leave India without the previous permission of the court;

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(iv) that in case chargesheet is submitted the applicant shall not tamper with the evidence during the trial;

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(v) that the applicant shall not pressurize/ intimidate the prosecution witness;

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(vi) that the applicant shall appear before the trial court on each date fixed unless personal presence is exempted;

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(vii) that in case of breach of any of the above conditions the court concerned shall have the liberty to cancel the bail.

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Let notice be issued to opposite party no. 2, returnable at an early date.

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Steps be taken within a week.

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If steps are taken, office shall proceed accordingly.

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List/put up this matter in the third week of February, 2025.

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In the meantime, the State as well as opposite party no. 2 may file their counter affidavits."

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The office has reported that the notice has been served upon the opposite party no.2, but neither the opposite party no.2 nor the State have filed counter affidavit.

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No material has come to light which may persuade this court to take a view different from the one taken by the coordinate Bench.

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ABAIL No. 2787 of 2024

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In view of above, the interim order dated 22.01.2025 is made absolute and the anticipatory bail application is allowed.

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September 17, 2025 Ram.

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(Subhash Vidyarthi,J.)

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

Kailash Tiwari @ Kailash Nath Tiwari v. State of U.P. Thru. Prin. Secy. Home Lko and Another

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Kailash Tiwari @ Kailash Nath Tiwari v. State of U.P. Thru. Prin. Secy. Home Lko and Another

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