Satyam Tiwari Vs State of U.P. Thru. Addl. Chief Secy. Deptt. of Home Lko

Neutral Citation No. - 2025:AHC-LKO:708

Court No. - 15

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 9117 of 2024

Applicant :- Satyam Tiwari Opposite Party :- State Of U.P. Thru. Addl. Chief Secy. Deptt. Of Home Lko Counsel for Applicant :- Purshottam Chaurasia,Mohd. Taufiq Siddiqui,Prashant Kumar Chaurasia,Rishi Raj Mishra Counsel for Opposite Party :- G.A.,Gaurav Singh,Hemant Tripathi,Sheikh Wali Uz Zaman

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Hon'ble Shree Prakash Singh,J.

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Heard learned counsel for the applicant, Sri Sheikh Wali Uz Zaman, learned counsel for the complainant, learned A.G.A. for the State and perused the record.

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The instant bail application has been filed on behalf of the applicant with the prayer to release him on bail during the trial in Case Crime No. 349 of 2024, under sections 395/397 of the I.P.C., Police Station-Kotwali Nagar, District -Pratapgarh.

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Contention of learned counsel for the applicant is that the applicant is innocent and has falsely been implicated in the instant matter due to ulterior motive. He added that the applicant is not named in the first information report and his name came into light only on the statement of the victim. He submits that the prosecution story is demolished as the statement of the injured is that the persons named in the first information report, had opened fire over the injured and the nature of injuries are lacerated wounds as well as the incised wounds. He also submits that the applicant has no previous criminal history and he is languishing in jail since 10-07-2024. Further submitted that the applicant undertakes that in case, he is granted bail, he will not misuse the liberty of the same and would cooperate in the trial proceedings.

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Per contra, learned counsel appearing for the complainant has opposed the contentions aforesaid and submits that from bare perusal of the first information report, there are serious allegations against the present applicant including the other co-accused persons and the injured has

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received serious injuries, which is evident from the injury report. He next submits that anticipatory bail application of one of the co-accused person, has been rejected by the coordinate Bench of this court and the applicant has two cases criminal history and as such, he is not entitled for any relief.

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Learned AGA appearing for the State has also supported the version of the learned counsel for the complainant and submits that after thorough investigation, it was found that the applicant is involved in committing the offence and as such, he is not entitled for bail.

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Having heard learned counsels for the parties and after perusal of material placed on record, it transpires that the applicant is not named in the first information report, the name of the applicant came into light only on the statement of the victim; the applicant has no previous criminal history as is mentioned in paragraph no. 23 of the bail application and he is languishing in jail since 10-07-2024 coupled with the fact that the applicant has undertaken that if he is granted bail, he will not misuse the liberty of the same and would cooperate in the trial proceedings.

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Considering the submissions of learned counsel of both sides, nature of accusation and severity of punishment in case of conviction, nature of supporting evidence, prima facie satisfaction of the Court in support of the charge, reformative theory of punishment and considering larger mandate of the Article 21 of the Constitution of India and, without expressing any view on the merits of the case, I find it to be a fit case of bail.

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Let the applicant- Satyam Tiwari involved in the aforementioned 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:-

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(1) The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, or otherwise during the investigation or trial;

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(2) 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. He 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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(3) 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.; and

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(4) 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, 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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The identity, status and residential proof of sureties will be verified by the court concerned and in case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail and send the applicant to prison.

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It is clarified that the observations made in this order are strictly confined to the disposal of this bail application and must not be construed to have any reflection on the merits of the case.

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Order Date :- 6.1.2025 AKS

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Digitally signed by :- ANUJ KRISHNA SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench

Satyam Tiwari v. State of U.P. Thru. Addl. Chief Secy. Deptt. of Home Lko

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