Inderjeet Tiwari @ Dasau Vs State of U.P… — Murder and Culpable Homicide | Allahabad HC (2025)

Inderjeet Tiwari @ Dasau Vs State of U.P… — Murder and Culpable Homicide | Allahabad HC (2025)

What the court decided

AI extract

Outcome

Release of Inderjeet Tiwari @ Dasau on bail in FIR/Case Crime No.548 of 2023 on furnishing a personal bond and two reliable sureties of Rs.20,000/- each, subject to conditions: (a) undertaking to attend hearings; (b) not committing any similar offence; (c) not directly or indirectly inducing, threatening or promising any person acquainted with the facts so as to dissuade disclosure or tamper with evidence.

Issue for consideration

Whether the accused-applicant Inderjeet Tiwari @ Dasau, in custody since 15.07.2024 in FIR/Case Crime No.548 of 2023 under section 304 IPC (P.S. Payagpur, District Bahraich), is entitled to bail.

Court's answer

Considering the statement of the informant recorded during trial (whereby he did not support the prosecution story and claimed he was not at home when the incident happened), that the applicant is in custody since 15.07.2024, and that his criminal history has been explained, the applicant is entitled to bail.

Ratio / Principle

The bail application is allowed; the applicant is to be released on bail in the aforesaid FIR/Case Crime Number subject to furnishing a personal bond and two reliable sureties, with conditions to attend hearings, not commit similar offences, and not induce, threaten or tamper with witnesses/evidence.

Detailed headnote1 paragraphs

Criminal Misc. Bail Application — S. 304 IPC — FIR/Case Crime No. 548 of 2023, P.S. Payagpur, District Bahraich — allegation that on 20.10.2023, on a petty dispute, the applicant assaulted the informant's grand father, who was dragged near a hand pump, sustained injuries and subsequently died — during trial the informant did not support the prosecution story and stated he was not at home when the incident happened — applicant in custody since 15.07.2024 and criminal history explained — HELD: considering the informant's trial statement, the custody period and the explanation of criminal history, the applicant is entitled to bail; bail application allowed — applicant directed to be released on furnishing a personal bond and two reliable sureties of Rs. 20,000/- each, subject to conditions of attending hearings, not committing similar offences, and not inducing/threatening witnesses or tampering with evidence. (Pankaj Bhatia, J.)

HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW

CRIMINAL MISC. BAIL APPLICATION No. - 11535 of 2024

Inderjeet Tiwari @ Dasau

.....Applicant(s)

Versus

State Of U.P. Thru. Prin. Secy. Home Lko

.....Opposite Party(s) Counsel for Applicant(s) : Awadhesh Kumar Mishra, Ashok Kumar Mishra, Vinod Kumar Pandey Counsel for Opposite Party(s) : G.A.

Court No. - 12

HON'BLE PANKAJ BHATIA, J.

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

The accused-applicant seeks bail in FIR/Case Crime No.548 of 2023 under section 304 IPC, P.S. Payagpur, District Bahraich.

In terms of the FIR, it was alleged that on 20.10.2023, the grand father of the informant was sitting with someone in the village where the father of the informant reached there and on account of petty dispute, hit the grand father and dragged near the hand pump, as a result of which, he sustained injuries because of which, he subsequently died.

It is stated that during the trial, the informant did not support the prosecution story and stated that he was not at home when the incident happened.

Considering the statement of the informant recorded during the trial, the applicant who is in custody since 15.07.2024 and the criminal history has been explained, the applicant is entitled for the bail. Thus the bail application is allowed.

Let the applicant Inderjeet Tiwari @ Dasau be released on bail in aforesaid FIR/Case Crime Number subject to his furnishing a personal bond and two reliable sureties of Rs.20,000/- (Twenty Thousand) each of the like

BAIL No. 11535 of 2024

2

amount to the satisfaction of the court concerned with the following conditions:

(a) The applicant shall execute a bond to undertake to attend the hearings;

(b) The applicant shall not commit any offence similar to the offence of which he is accused or suspected of the commission; and

(c) 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.

(Pankaj Bhatia,J.)

October 17, 2025

VNP/-

Digitally signed by :- VISHVANATH PRASAD SHUKLA High Court of Judicature at Allahabad, Lucknow Bench