Kinnar Tiwari vs State of U.P. Thru. Prin. Secy. Home Lko. — Allahabad HC (2025) — LawSathi Research

Kinnar 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 appellant on bail in S.T. No.12 of 2024 State vs. Hariday Ram and others (case crime No.399 of 2001, sections 307/34, 504, 506 I.P.C., P.S. Nanpara, district Bahraich) on a personal bond and two sureties each of the like amount; half of the trial-court fine stayed and the remaining half to be deposited within two months from release; bail conditional on counsel appearing to argue the appeal when listed and on payment of the fine, failing which the bail is likely to be cancelled; prosecution at liberty to seek cancellation if the appellant commits any offence while on bail.

Issue for consideration

Whether the appellant (convicted/sentenced by the trial court, in custody since 20.1.2025, with his criminal appeal pending) should be released on bail pending final hearing of the appeal. +1 more

Court's answer

On consideration of the totality of facts and circumstances — appellant on bail during trial without misuse of that liberty, role assigned to the appellant, criminal history explained, period of incarceration during trial and during pendency of the appeal, and the appeal not likely to be listed for final hearing in the near future — the bail application is allowed.

Ratio / Principle

The applicant/appellant is directed to be released on bail upon furnishing a personal bond and two sureties each of the like amount, to the satisfaction of the court concerned.

Key takeaways

Half of the fine imposed by the trial court is stayed; the remaining half shall be deposited by the appellant within two months from his release on bail.ratio¶¶12
Bail is granted subject to the conditions that the appellant deposits the fine as directed and his counsel appears to argue the appeal as and when listed; in case of default of counsel and non-payment of fine, the bail is likely to be cancelled.ratio¶¶14
If the applicant/appellant commits any offence while on bail, the prosecution would be at liberty to file an application for cancellation of the bail.

Detailed headnote1 paragraphs

Allahabad High Court, Lucknow Bench (Court No. 16) — CRIMINAL APPEAL No. - 545 of 2025 (bail application), decided 5.3.2025 by Hon'ble Karunesh Singh Pawar, J. Appellant Kinnar Tiwari, sentenced (with fine imposed) by the trial court in S.T. No.12 of 2024 State vs. Hariday Ram and others arising out of case crime No.399 of 2001 under sections 307/34, 504, 506 I.P.C., P.S. Nanpara, district Bahraich, and in jail since 20.1.2025, sought bail pending the appeal. Weighing that he remained on bail throughout trial without misuse, that only a role of exhortion was assigned to him (firearm-injury role resting on co-accused Ramendra Tiwari), that he explained his criminal history, his incarceration during trial and pendency, and that the appeal was unlikely to be listed soon, the court allowed the bail application on a personal bond and two sureties each of the like amount. Half the trial-court fine was stayed, the balance payable within two months of release; bail is conditional on the counsel appearing when the appeal is listed, and default, non-payment of fine, or any fresh offence invites cancellation.

Court No. - 16

Case :- CRIMINAL APPEAL No. - 545 of 2025

Appellant :- Kinnar Tiwari Respondent :- State Of U.P. Thru. Prin. Secy. Home Lko. Counsel for Appellant :- Ashutosh Bajpai Counsel for Respondent :- G.A.

Hon'ble Karunesh Singh Pawar,J.

(Crl. Misc. Application for bail)

1. Heard appellant's counsel and learned Additional Government Advocate for the State who has filed counter affidavit, as well as perused the record.

2. Learned counsel for the appellant submits that the appellant was on bail during trial and he has not misused the liberty of bail. The appellant has explained the criminal history in the bail application.

It is submitted that the appellant has been assigned role of exhortion. There are three injured in this case, however, only two of them have been produced. The role of causing fire arm injuries in the prosecution case is on the co-accused Ramendra Tiwari. The appellant is in jail since 20.1.2025.

3. Learned A.G.A. has opposed the bail application. He submits that the appellant has criminal history.

4. Considering totality of facts and circumstances of the case, the fact that the appellant was on bail during trial and he has not misused the liberty of bail, role assigned to the appellant, the appellant has explained criminal history, period of incarceration during trial and during pencency of this appeal, the appeal is not likely to be listed for final hearing in near future, the bail application is allowed.

The applicant/appellant is directed to be released on bail in S.T. No.12 of 2024 State vs. Hariday Ram and others arising out of case crime No.399 of 2001 under sections 307/34, 504, 506 I.P.C., P.S. Nanpara, district Bahraich on his furnishing a personal bond and two sureties each of the like amount to the satisfaction of the court concerned.

Half of the fine imposed by the trial court is stayed and the remaining half shall be deposited by the appellant within two months from his release on bail.

5. Bail is being granted to the appellant on the condition that he

shall deposit the fine as directed above and his counsel shall appear to argue the appeal as and when the appeal is listed. In case of default of the counsel and non-payment of fine as directed above, the bail is likely to be cancelled.

It is further made clear that in case the applicant/appellant commits any offence while on bail, the prosecution would be at liberty to file an application for cancellation of the bail. Order Date :- 5.3.2025 kkb/

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