Ramesh Chandra Tiwari Vs State of U.P. Thru. Prin. Secy. Home Lko. — Allahabad HC (2025) — LawSathi Research

Ramesh Chandra Tiwari Vs State of U.P. Thru. Prin. Secy. Home Lko. — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Release of the applicant Ramesh Chandra Tiwari on bail in Case Crime No. 309 of 2025 on furnishing a personal bond and two sureties each in the like amount, subject to conditions: no tampering with prosecution evidence, no pressurizing prosecution witnesses, and appearance on each and every date fixed by the trial court unless exempted by the learned trial court.

Issue for consideration

Whether the applicant should be released on bail in Case Crime No. 309 of 2025 under Sections 3(1) of the Uttar Pradesh Gangsters and Antisocial Activities (Prevention) Act, 1986, registered at Police Station Safdarganj, District Barabanki.

Court's answer

Having regard to the gang chart showing involvement in only one case in which bail was already granted, and to the applicant languishing in jail since 07.04.2024, the aforesaid facts are sufficient for making out a case for enlargement of the applicant on bail in the aforesaid crime.

Ratio / Principle

The bail application stands allowed; the applicant Ramesh Chandra Tiwari is to be released on bail in the aforesaid case on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the magistrate/court concerned.

Key takeaways

Release is subject to conditions: (i) the applicant shall not tamper with the prosecution evidence; (ii) the applicant shall not pressurize the prosecution witnesses; and (iii) the applicant shall appear on each and every date fixed by the trial court, unless his appearance is exempted by the learned trial court.ratio¶¶17

Detailed headnote1 paragraphs

Bail under Sections 3(1), U.P. Gangsters and Antisocial Activities (Prevention) Act, 1986 — Case Crime No. 309 of 2025, P.S. Safdarganj, District Barabanki — ALLOWED (Subhash Vidyarthi, J.). The gang chart recorded the applicant's involvement in only one case, in which he had already been granted bail; he had been languishing in jail since 07.04.2024; the learned A.G.A. opposed the prayer but could not dispute these aspects. Released on a personal bond and two sureties each in the like amount, subject to conditions: not tampering with prosecution evidence, not pressurizing prosecution witnesses, and appearing on each and every date fixed by the trial court unless exempted.

Neutral Citation No. - 2025:AHC-LKO:48866

Court No. - 13

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 5392 of 2025

Applicant :- Ramesh Chandra Tiwari Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. Counsel for Applicant :- Manish Kumar Shukla,Shashi Mohan Sharma

Counsel for Opposite Party :- G.A.

Hon'ble Subhash Vidyarthi,J.

Heard Sri Manish Kumar Shukla, the learned counsel for the applicant, Smt. Kamlesh Kumari, learned A.G.A. for the State and perused the records.

The instant application has been filed seeking release of the applicant on bail in Case Crime No. 309 of 2025, under Sections 3(1) of Uttar Pradesh Gangsters and Antisocial Activities (Prevention) Act, 1986, registered at Police Station Safdarganj, District Barabanki.

The gang chart mentions involvement of the applicant in only one case, in which he has been granted bail.

In the affidavit filed in support of bail application it has been stated that the applicant is innocent and he has been falsely implicated in the present case. It has also been stated in the affidavit filed in support of the bail application that the applicant is neither a leader nor member of any gang.

The learned A.G.A. has opposed the prayer for bail but she could not dispute the aforesaid aspects of the matter.

Having considered the aforesaid facts and circumstances of the case and the fact that the applicant has been granted bail in a solitary case and that the applicant is languishing in jail since

07.04.2024 and without making any observation, which may

affect the merits of the case, I am of the view that the aforesaid facts are sufficient for making out a case for enlargement of the applicant on bail in the aforesaid crime.

Accordingly, this bail application stands allowed .

Let the applicant- Ramesh Chandra Tiwari be released on bail in the aforesaid case on furnishing a personal bond and two sureties each in the like amount to the satisfaction of magistrate/court concerned, subject to following conditions:-

(i) the applicant shall not tamper with the prosecution evidence;

(ii) the applicant shall not pressurize the prosecution witnesses; (iii) the applicant shall appear on each and every date fixed by the trial court, unless his appearance is exempted by the learned trial court.

(Subhash Vidyarthi, J.)

Order Date :- 20.8.2025 Preeti.

Digitally signed by :- PREETI GAUTAM High Court of Judicature at Allahabad, Lucknow Bench