Kamlesh Tiwari Vs State of U.P. Thru. Prin. Secy. Home Lko

Neutral Citation No. - 2025:AHC-LKO:40389

Court No. - 14

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 9521 of 2024

Applicant :- Kamlesh Tiwari Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko Counsel for Applicant :- Ramakar Shukla,Dev Mani Mishra,Ruby Choudhary,Shashank Singh Counsel for Opposite Party :- G.A.,Sumit Kumar Srivastava

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Hon'ble Karunesh Singh Pawar,J.

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Heard learned counsel for the applicant and learned A.G.A. for the State as well as perused the record.

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The present bail application has been filed by accused-applicant seeking bail in Case Crime No.201 of 2024, under Sections 307, 504, 506 I.P.C. and Section 3/25 Arms Act , P.S. Lalganj, District Pratapgarh.

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In the prosecution case it is alleged that while injured Saumya Tiwari was returning from orchard, the accused persons abused her. Kamlesh Tiwari with an intention to kill, fired on the niece of the complainant.

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Learned counsel for applicant submits that doctor in his statement has opined that her injuries are grievous in nature. No bonny injury has been found in the x-ray, there is no supplementary medical report and nature of injury has not been mentioned in the prosecution case. There is long enmity between complainant and accused, there is no independent witness of the incident in fact, father of the complainant and father of the applicant are real brothers. The criminal as well as civil proceedings are going on between them. In Case Crime No.292 of 2015, under Sections 307, 323, 506 IPC, which was lodged by the side of the applicant is fixed for recording evidence and in order to exert pressure, the present F.I.R. has

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been lodged by the complainant. He submits that the applicant is in jail since 09.06.2024.

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Learned A.G.A. as well as learned counsel for the complainant have opposed the bail prayer.

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On due consideration to the submissions advanced, perusal of the record as also the fact that the applicant is languishing in jail since 09.06.2024, both criminal and civil proceedings are pending between the parties coupled with the nature of injuries received by the injured, statement of doctor, possibility of false implication cannot be ruled out and without expressing any opinion on merits of the case, I find it to be a fit case for enlarging the applicant on bail.

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Accordingly, the bail application is allowed .

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Let the applicant Kamlesh Tiwari be released on bail in aforesaid case crime number subject to his furnishing a personal bond and two reliable sureties each in the like amount to the satisfaction of the trial court concerned with the following conditions:

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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

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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 Panel Code (now Section 269 of BNS).

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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. (now Section 84 BNSS) 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 Panel Code (now Section 209 BNS).

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Order Date :- 15.7.2025 Saurabh Yadav/-

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

Kamlesh Tiwari v. State of U.P. Thru. Prin. Secy. Home Lko

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Kamlesh Tiwari v. State of U.P. Thru. Prin. Secy. Home Lko

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