Abhishek Tiwary vs State of U.P. Thru. Addl. Chief Secy. Deptt. of Home Lko.

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW

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CRIMINAL MISC. BAIL APPLICATION No. - 1030 of 2025

Abhishek Tiwary

.....Applicant(s)

Versus

State Of U.P. Thru. Addl. Chief Secy. Deptt. Of Home Lko. .....Opposite Party(s) Counsel for Applicant(s) : Gulam Mustafa, Anil Kumar Mishra, Devesh Bahadur Singh, Priya Srivastava Counsel for Opposite Party(s) : G.A. Court No. - 28

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HON'BLE RAJEEV BHARTI, J.

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

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This is the first bail application filed on behalf of the applicant who is involved in Case Crime No. 02 of 2025, under Section 8/20 of N.D.P.S. Act, Police Station- Achalganj, District- Unnao.

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Learned counsel for the applicant submits that the applicant is innocent and he has been falsely implicated in the present case. He further submits that nothing has been recovered from the possession of the applicant and in fact, the police arrested the applicant from his house. It is further submitted that co-accused Jitendra has already been granted bail by a coordinate bench of this Court vide order dated 5.2.2026, copy of which is annexed as Annexure-SA-3 to the supplementary affidavit. Hence, the present applicant claims parity.

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It is further submitted that the applicant has criminal history of three cases which are duly explained in para 15 of the bail application and he is in jail since 4.1.2025. There is no possibility of the applicant of fleeing away after being released from jail or tampering with the prosecution witnesses. He undertakes that in case the applicant is enlarged on bail, he shall not misuse the liberty of bail.

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BAIL No. 1030 of 2025

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2

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Learned A.G.A. has opposed the prayer for bail but could not dispute the aforesaid facts as argued by the learned counsel for the applicant.

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Having heard learned counsel for the parties and having perused the material available on record and considering the fact that the applicant is in jail since 4.1.2025; his criminal history has duly been explained; coaccused Jitendra has already been granted bail and without expressing any opinion on the merits of the case, this Court is of the view that it is a fit case for enlarging the applicant on bail on the ground of parity.

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Accordingly, the bail application is allowed .

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Let the applicant- Abhishek Tiwary involved in the aforesaid case crime number be released on bail in the aforementioned case on furnishing a personal bond and two sureties each in the like amount to the satisfaction of Magistrate/Court concerned, subject to following conditions:-

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(i) the applicant shall not tamper with the prosecution evidence;

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(ii) the applicant shall not pressurize the prosecution witnesses;

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(iii) the applicant shall appear on each and every date fixed by the trial Court, either personally or through his counsel.

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Any other condition(s) which the trial court/concerned court may deem fit and proper, in the circumstances of the case, may also be imposed.

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It is clarified that the observations made in this order are confined to the present bail application and shall have no bearing on the merits of the trial.

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(Rajeev Bharti,J.)

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April 29, 2026 Shravan

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

Abhishek Tiwary v. State of U.P. Thru. Addl. Chief Secy. Deptt. of Home Lko.

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Abhishek Tiwary v. State of U.P. Thru. Addl. Chief Secy. Deptt. of Home Lko.

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