Shashank Tiwari Alias Shashank Kumar Tiwari Vs State… — Cheating and Forgery | Allahabad HC (2025)

Shashank Tiwari Alias Shashank Kumar Tiwari Vs State… — Cheating and Forgery | Allahabad HC (2025)

What the court decided

AI extract

Outcome

Release of the applicant Shashank Tiwari @ Shashank Kumar Tiwari on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the Magistrate/Court concerned, subject to conditions: (i) not to tamper with prosecution evidence; (ii) not to pressurize prosecution witnesses; (iii) to appear on each and every date fixed by the trial court.

Issue for consideration

Whether the applicant, named accused in Case Crime No. 0061 of 2025 under Sections 318(4), 319(2), 336(3), 338, 340(2), 317(2) B.N.S, Police Station Khargupur, District Gonda, should be released on bail. +1 more

Court's answer

The bail application is allowed and the applicant is to be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the Magistrate/Court concerned, subject to the conditions that he shall not tamper with prosecution evidence, shall not pressurize prosecution witnesses, and shall appear on each and every date fixed by the trial court.

Ratio / Principle

The applicant is entitled to be released on bail on the ground of parity, in view of the fact that eight co-accused persons have already been granted bail.

Detailed headnote1 paragraphs

Bail granted on ground of parity. Applicant Shashank Tiwari @ Shashank Kumar Tiwari sought release on bail in Case Crime No. 0061 of 2025 (Police Station Khargupur, District Gonda) under Sections 318(4), 319(2), 336(3), 338, 340(2), 317(2) B.N.S, arising from an F.I.R. lodged on 02.04.2025 alleging that the applicant introduced the informant to co-accused Deenanath Chauhan and Kaptan Yadav, that land was shown as belonging to one Malti Devi who transpired to be an imposter, and that Rs. 20 Lakhs (bank transfer) and Rs. 23 Lakhs (cash) were extracted. Eight co-accused had already been granted bail, a fact the learned A.G.A.-I and the complainant's counsel could not dispute; a supplementary affidavit disclosed three other cases (acquitted in two, no summons in the third). Holding the applicant entitled to bail on parity, the Court allowed the application and directed release on a personal bond and two sureties, subject to non-tampering with evidence, non-pressurisation of witnesses and appearance on every date fixed by the trial court. (Subhash Vidyarthi, J.; September 15, 2025)

HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW

CRIMINAL MISC. BAIL APPLICATION No. - 5442 of 2025

Shashank Tiwari Alias Shashank Kumar Tiwari

.....Applicant(s)

Versus

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

.....Opposite Party(s)

Counsel for Applicant(s) : Pankaj Kumar Shukla Counsel for Opposite Party(s) : G.A., Aditya Vikram Singh, Manish Kumar Tripathi

Court No. - 13

HON'BLE SUBHASH VIDYARTHI, J.

Heard Sri Pankaj Kumar Shukla, the learned counsel for the applicant, Sri O.P. Singh, the learned A.G.A. for the State and Sri Aditya Vikram Singh, the learned counsel for the complainant.

The instant application has been filed seeking release of the applicant on bail in Case Crime No. 0061 of 2025, under Sections 318(4), 319(2), 336(3), 338, 340(2), 317(2) B.N.S, registered at Police Station Khargupur, District Gonda.

The aforesaid case has been registered on the basis of F.I.R. lodged on 02.04.2025 against nine named persons including the applicant, two unknown persons, stating that the informant knew the applicant since before; the applicant introduced him to co-accused Deenanath Chauhan and Kaptan Yadav and those persons showed the informant a land allegedly belonging to one Malti Devi and they introduced her to Malti Devi also but later on, it transpired that the lady was an imposter. The accused persons extracted Rs. 20 Lakhs through bank transfer and Rs. 23 Lakhs in cash.

In the affidavit filed in support of the bail application, it has been stated that the applicant is an innocent person and he has been falsely implicated in the present case.

A supplementary affidavit has been filed disclosing the applicant's

BAIL No. 5442 of 2025

2

involvement in three other criminal cases, in two of which, the applicant has been acquitted, and in one case, he has not received any summon.

The learned counsel for the applicant has submitted that all the coaccused persons have already been granted bail in the present case and he has produced the copies of their bail orders before this Court.

The learned A.G.A.-I as well as the learned counsel for the complainant have opposed the bail application but they could not dispute the fact that eight co-accused persons have been granted bail.

Keeping in view the aforesaid facts and circumstances of the case, I am of the view that the applicant is also entitled to be released on bail on the ground of parity.

Accordingly, this bail application stands allowed .

Let the applicant- Shashank Tiwari @ Shashank Kumar Tiwari be released on bail in aforementioned case on furnishing a personal bond and two sureties each in the like amount to the satisfaction of Magistrate/Court concerned, subject to the 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.

(Subhash Vidyarthi,J.)

September 15, 2025 KR

Digitally signed by :- RABINDRA KUMAR High Court of Judicature at Allahabad, Lucknow Bench