Indresh Tiwari Vs State of U.P. Thru. Prin. Secy. (Home) Lko.

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW

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CRIMINAL MISC. BAIL APPLICATION No. - 13189 of 2024

Indresh Tiwari

.....Applicant(s)

Versus

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

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.....Opposite Party(s)

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Counsel for Applicant(s) : Kaushal Tiwari, Ajay Kumar, Padma Narayan Dubey, Ramakar Shukla, Somarani, Viveka Nand Mishra Counsel for Opposite Party(s) : G.A.

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Court No. - 15

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HON'BLE KARUNESH SINGH PAWAR, J.

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

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According to the prosecution case, it is alleged that, acting on information received from an informer, the police were informed that three persons were coming on motorcycles from Belwari Road with the intention to commit the murder of Pradhan Raj Narayan Yadav. Acting upon the said information, when the police party reached near Kaithi Jalalpur crossing to apprehend the accused persons, they opened fire at the police personnel. The accused persons riding two motorcycles were apprehended, whereas the one riding the third motorcycle managed to escape.

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Learned counsel for the applicant submits that the alleged recovery of carbide and a pistol is false, as there is no independent witness to support the recovery. It is a case where no injury has been caused to any of the police personnel. The applicant has been falsely implicated in the matter. He has duly explained his criminal antecedents pertaining to 18 cases in paragraphs 10 to 12 of the bail application.

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It is further submitted that two FIRs were registered in respect of the same incident. The first is the present case in which the applicant seeks bail, and the second is Case Crime No. 231 of 2022, under Sections 34, 307, 115, and 411 of the IPC, P.S. Dostpur, District Sultanpur, in which the applicant has

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BAIL No. 13189 of 2024

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2

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already been granted bail. The bail order is on record as Annexure No. 10 to the bail application.

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It is further submitted that there is no possibility of the applicant of fleeing away after being released from jail or tampering with the witnesses. In case the applicant is enlarged on bail, he shall not misuse the liberty of bail.

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Learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid facts as argued by the learned counsel for the applicant.

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Considering that the offence is triable by a Magistrate, the applicant has satisfactorily explained his criminal antecedents in the bail application, the charge sheet has been filed, and the applicant is in custody since 13.09.2022, I find it to be a fit case for enlarging the applicant on bail.

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Accordingly, the bail application is allowed .

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Let the applicant Indresh Tiwari involved in Case Crime No. 232/2022, U/s: 7/25 Arms Act, Police Station- DOSTPUR, District- SULTANPUR, be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions which are being imposed in the interest of justice:-

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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,

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BAIL No. 13189 of 2024

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3

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without sufficient cause, the trial court may proceed against him in accordance with law.

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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. (now Section 84 BNSS) 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 IPC (now Section 209 of BNS).

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It is clarified that the observations made in this order are confined to the present bail application and shall have no bearing on the merits of the trial.

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(Karunesh Singh Pawar,J.)

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November 13, 2025 R.C.

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

Indresh Tiwari v. State of U.P. Thru. Prin. Secy. (Home) Lko.

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Indresh Tiwari v. State of U.P. Thru. Prin. Secy. (Home) Lko.

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