Allowed

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

Allahabad HC2 Jun 2025BAIL/4666/2025

Case brief

AI extract

What is this about?

Regular bail application in an FIR involving offences including Sections 70(1) and 74 BNS. Court considered the victim's BNSS statements, medical report showing no injuries, period of incarceration, and allowed bail with conditions.

What did the court decide?

Applicant Janu Tiwari to be released on bail on furnishing personal bond and two sureties, with conditions against tampering, intimidation and non-appearance.

Janu Tiwari Vs State of U.P. Thru. Prin. Secy. (Home) Lko. — Bail and Remand | Allahabad HC (2025)

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Neutral Citation No. - 2025:AHC-LKO:34194

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Court No. - 12

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 4666 of 2025

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Applicant :- Janu Tiwari

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Opposite Party :- State Of U.P. Thru. Prin. Secy. (Home) Lko. Counsel for Applicant :- Anamika Singh Counsel for Opposite Party :- G.A.

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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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Learned counsel for the applicant submits that the prosecution story appears to be highly improbable. The medical examination report does not reflect any injuries, either external or internal. The applicant has no criminal antecedents and he is innocent. It is further submitted that the victim's statement suffers from material improvements.

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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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On due consideration of the victim's statements recorded under Sections 180 and 183 of the BNSS, the medical report, the period of incarceration already undergone by the applicant and without expressing any opinion on the merits of the case, I am of the view that it is a fit case for grant of bail.

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Accordingly, the bail application is allowed .

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Let the applicant Janu Tiwari involved in Case Crime/FIR No.

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42 of 2025, under Sections 191 (2), 115 (2), 352, 351 (2), 74, 70 (1) BNS, P.S. Hathigawan, District Pratapgarh, 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, without sufficient cause, the trial court may proceed against him under Section 229-A of the Indian Penal Code.

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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. 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 of the Indian Penal Code.

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Order Date :- 2.6.2025 R.C.

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

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

Case brief

What is this about?

What did the court decide?

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

Case brief

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What did the court decide?

What the court decided

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