Deepak Tiwari Vs State of U.P. and Another — Anticipatory Bail | Allahabad HC (2025)

Deepak Tiwari Vs State of U.P. and Another — Anticipatory Bail | Allahabad HC (2025)

What the court decided

AI extract

Outcome

Anticipatory bail granted: in the event of arrest in Case Crime No. 75 of 2024, the applicant is to be released on bail on furnishing a personal bond of Rs. 50,000/- with two sureties of the like amount, subject to conditions (appearance before police as required for investigation; no threat/inducement/promise to witnesses or police officers; cooperation during trial and non-misuse of bail liberty), with liberty to the prosecuting side to seek cancellation upon breach.

Issue for consideration

Whether the applicant Deepak Tiwari should be admitted to anticipatory bail under Section 438 Cr.P.C. in Case Crime No. 75 of 2024 under Sections 147/148/149/452/323/324/325 IPC, District Prayagraj, i.e., whether he should be released on bail in the event of arrest.

Court's answer

Having heard both sides' arguments and counsel's contentions, and keeping in view the nature and gravity of the accusations, the apprehension of the accused fleeing from justice, the antecedents of the applicant and all the facts and circumstances of the case, the Court held it appropriate to accept the prayer for anticipatory bail without expressing any opinion on the merits of the case.

Ratio / Principle

Accordingly, the anticipatory bail application was held deserving of acceptance.

Key takeaways

In the event of arrest of the applicant in the aforementioned criminal case, he is to be released on anticipatory bail by the concerned magistrate/court on furnishing a personal bond of Rs. 50,000/- and two sureties of the like amount.ratio¶14
The release on anticipatory bail is subject to conditions, including that the applicant shall not directly or indirectly make any threat, inducement or promise to any person acquainted with the facts of the case or to police officers so as to dissuade them from disclosing such facts before the Court or police authorities (besides appearance before the investigating officer when required and cooperation during trial).ratio¶17
In case of violation of the imposed conditions, the prosecuting/investigating side shall have liberty to move an appropriate application for cancellation of the anticipatory bail granted to the applicant.

Detailed headnote1 paragraphs

Anticipatory bail – Section 438 Cr.P.C. – Allahabad High Court (Hon'ble Dr. Gautam Chowdhary, J.; order dated 9.7.2025) allowed Criminal Misc. Anticipatory Bail Application No. 6305 of 2024 filed by applicant Deepak Tiwari in Case Crime No. 75 of 2024 under Sections 147/148/149/452/323/324/325 IPC, District Prayagraj. Relying on the principles enunciated by the Supreme Court in Siddharam Satlingappa Mhetre vs. State of Maharashtra (2011) 1 SCC 694 – namely that in deciding an anticipatory bail plea the Court must consider the nature and gravity of the accusation, the apprehension of the accused fleeing from justice, the material available against him, and his antecedents – and weighing the rival submissions and the facts and circumstances of the case, the Court, without expressing any opinion on the merits, directed that in the event of arrest the applicant be released on anticipatory bail on furnishing a personal bond of Rs. 50,000/- with two sureties of the like amount, subject to conditions: (i) appearance before the police authority as and when required for investigation; (ii) no direct or indirect threat, inducement or promise to any person acquainted with the facts or to police officers so as to deter disclosure; and (iii) cooperation during trial and no misuse of the liberty of bail. Breach of the conditions would entitle the prosecuting/investigating side to seek cancellation of the bail.