Suresh Tiwari @ Suresh Kumar Tiwari and Another vs State of U.P. Thru. Prin. Secy. Home Lko and Another

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW

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CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 2767 of 2024

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Suresh Tiwari @ Suresh Kumar Tiwari And Another

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.....Applicant(s)

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Versus

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State Of U.P. Thru. Prin. Secy. Home Lko And Another

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.....Opposite Party(s) Counsel for Applicant(s) : Dinesh Kumar Ojha Counsel for Opposite Party(s) : G.A.

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Court No. - 23

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HON'BLE RAJEEV BHARTI, J.

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Heard learned counsel for the applicants, learned A.G.A. for the State and perused the material placed on record.

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The present application under Section 438 Cr.P.C./482 B.N.S.S. has been filed seeking anticipatory bail in FIR/Case Crime No.25 of 2021, under Sections 147, 148, 149, 308, 323, 332, 333, 353, 504 and 506 I.P.C., Police Station- Kohandaur, District- Pratapgarh.

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From perusal of the order sheet, it appears that on 18.12.2024, following order was passed wherein the present applicants have been granted interim anticipatory bail:-

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"Heard learned counsel for the applicants, learned AGA for the State and perused the record.

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The instant anticipatory bail application has been filed on behalf of the applicant with the prayer to release them on anticipatory bail in Complaint Case No. 25 of 2021, under sections 147, 148, 149, 308, 323, 332, 333, 353, 504, 506 of IPC, Police StationKohandaur, District-Pratapgarh.

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The contention of learned counsel for the applicants is that the applicants are innocent and have falsely been implicated. He added that the applicants themselves are the victims as the policemen entered into the house of the applicants in a drunken position and when they were objected, they started hurling abuses and during scuffle, some persons have received injuries including the policemen. He added that as many as 30 persons have been implicated due to anonymity of the police and the story is otherwise, as is narrated in the first information report. He next added that the applicants are always ready to cooperate in the investigation proceedings and they have never absconded from the investigation proceedings and the chargesheet has been filed. He submits that the applicants have no previous criminal history and they undertake that they will always cooperate in the trial proceedings. Further submitted that since there is a dispute with the police and as such,there is an acute apprehension that the police will arrest them. Thus, submission is that the applicants may be enlarged on anticipatory bail.

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On the other hand, learned AGA appearing for the State has opposed the submissions aforesaid and submits that the applicants are not entitled for any relief.

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ABAIL No. 2767 of 2024

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2

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Considering the aforesaid facts and circumstances of the case, till the next date of listing, the present applicants-Suresh Tiwari @ Suresh Kumar Tiwari and Pradeep Tiwari @ Pradeep Narayan, shall be released forthwith in the aforesaid case crime (supra) on an interim anticipatory bail on his furnishing personal bond and two solvent sureties each in the like amount to the satisfaction of the court concerned with the following conditions:-

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(i) that the applicants shall make themselves available for interrogation by a police officer as and when required;

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(ii) that the applicants 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 her from disclosing such facts to the court or to any police officer or tamper with the evidence;

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(iii) that the applicants shall not leave India without the previous permission of the court;

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(iv) that in case chargesheet is submitted the applicants shall not tamper with the evidence during the trial;

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(v) that the applicants shall not pressurize/ intimidate the prosecution witness;

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(vi) that the applicants shall appear before the trial court on each date fixed unless personal presence is exempted;

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(vii) that in case of breach of any of the above conditions the court concerned shall have the liberty to cancel the bail.

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List/put up this matter in the Fourth Week of January,2025.

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Issue notice to the opposite party no. 2 returnable at an early date.

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In the meantime, learned counsel for the State as well as opposite party no. 2 may file their counter affidavits."

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As per office report dated 13.02.2025, notice has been served upon opposite party no.2 through telephone and whatsapp, but no-one has put in appearance on behalf of opposite party no.2. Identically situated co-accused Kailash Tiwari @ Kailash Nath Tiwari, who was also granted interim anticipatory bail, has been granted anticipatory bail till conclusion of trial by a Co-ordinate Bench of this Court vide order dated 17.09.2025 passed in Criminal Misc. Anticipatory Bail Application u/s 438 Cr.P.C. No.2787 of 2024.

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Learned A.G.A. has failed to demonstrate from the counter affidavit that there is any adversarial fact which are pleaded in the anticipatory bail application. This Court finds that the applicant was enlarged on interim anticipatory bail after thorough considering the merits of the case. Learned A.G.A. for the State has also failed to submit any fact that the applicants are not cooperating with the investigation proceedings or otherwise any glaring fact which can adversely affect the merit of the case.

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In view of the aforesaid, the present anticipatory bail application is hereby allowed while extending anticipatory bail to the applicants, namely, Suresh

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ABAIL No. 2767 of 2024

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3

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Tiwari @ Suresh Kumar Tiwari and Pradeep Tiwari till disposal of the trial subject to the following conditions:-

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(i) that the applicants shall make themselves available for interrogation by a police officer as and when required;

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(ii) that the applicants 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 them from disclosing such facts to the Court or to any police officer or tamper with the evidence;

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(iii) that the applicants shall not leave India without the previous permission of the court;

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(iv) that the applicants shall appear before the trial court on each date fixed, unless personal presence is exempted; and

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(v) that the applicants shall not pressurize/intimidate the prosecution witness.

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In case of default, it would be open for the Investigating Agency to move application for vacation of this order.

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February 24, 2026

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Anand/-

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(Rajeev Bharti,J.)

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

Suresh Tiwari @ Suresh Kumar Tiwari and Another v. State of U.P. Thru. Prin. Secy. Home Lko and Another

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Suresh Tiwari @ Suresh Kumar Tiwari and Another v. State of U.P. Thru. Prin. Secy. Home Lko and Another

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