Ashutosh Tiwari Vs State of U.P.

HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 37074 of 2025

Ashutosh Tiwari

.....Applicant(s)

	Versus
State of U.P.				.....Opposite Party(s)
Counsel for Applicant(s)	: Shashi Pandey	Shankar	Shukla,	Vishvajeet
Counsel for Opposite Party(s)	: G.A.
Court No.- 70

¶5

HON'BLE SANTOSH RAI, J.

¶6

Supplementary affidavit filed by learned counsel for the applicant is taken on record.

¶7

Heard learned counsel for the applicant; learned AGA for the State and perused the material placed on record.

¶8

The instant bail application has been filed on behalf of the applicant Ashutosh Tiwari with a prayer to release him on bail in Case Crime No.303 of 2025, under Sections 303(2), 317(2), 318(4), 336(3), 340(2) and 338 B.N.S., Police Station Phoolpur, District Azamgarh, during pendency of trial.

¶9

Learned counsel for the applicant submitted that first information report has been registered as unknown. During course of investigation name of the applicant has been surfaced upon false information given to the I.O.. Five motorcycles are said to be recovered from the possession of the applicant and four other co-accused persons. Motorcycle No.U.P. 50 C.L. 1984 is said to be recovered from the possession of the applicant but aforesaid motorcycle is not connected with any criminal case. There is no independent and reliable witness of the recovery was present at the time of preparation of recovery memo and arrest of the applicant. He further submitted that the applicant has criminal history of three cases which have been duly explained in para-6 of the supplementary affidavit and is languishing in jail since 11.09.2025. Chargesheet has been filed in this case. In case, the applicant is released on bail, he will not misuse the liberty of bail.

¶10

Per contra learned A.G.A. has opposed the prayer for bail of the applicant by contending that the innocence of the applicant cannot be adjudged at pre trial stage, therefore, he does not deserve any indulgence. In case the

¶11

BAIL No. 37074 of 2025

¶12

2

¶13

applicant is released on bail he will again indulge in similar activities and will misuse the liberty of bail.

¶14

Having considered the submissions of the parties noted above, finding force in the submissions made by the learned counsel for the applicant; period of detention in jail, keeping in view uncertainty regarding conclusion of trial; larger mandate of the Article 21 of the Constitution of India, bail application is allowed.

¶15

Considering the dictum of Apex Court in the case of Manish Sisodia Vs. Directorate of Enforcement, 2024 LawSuit (SC) 677, considering 5-6 times overcrowding in jails over and above their capacity by under trials and without expressing any opinion on the merits of the case, let the applicant involved in the aforesaid crime 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 that :-

¶16

(i) The applicant shall not tamper with the evidence or threaten the witnesses.

¶17

(ii) 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.

¶18

(iii) The applicant shall remain present before the Trial Court on each date fixed, either personally or as directed by the Court. In case of his absence, without sufficient cause, the Trial Court may proceed against him under Section 229-A I.P.C./269 B.N.S.

¶19

(iv) In case the applicant misuse the liberty of bail during trial and in order to secure his presence, proclamation under Section 82 Cr.P.C./84 B.N.S.S. is issued and the applicants fail 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 I.P.C./209. B.N.S.

¶20

(v) The applicant shall remain present in person before the Trial Court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 313 Cr.P.C./351 B.N.S.S. If in the opinion of the Trial Court absence of the applicant is deliberate or without sufficient 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.

¶21