Ashish Tiwari vs State of U.P.

The present application has been moved seeking anticipatory bail in Case Crime No. 467 of 2017, under Sections 409, 477-A, 120-B of IPC, Police Station- Gahmar (E.O.W.) Varanasi), District- Ghazipur, with the prayer that in the event of arrest, applicant may be released on bail.

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It is contended by the learned counsel for the applicant that the applicant was a small scale contractor who had conducted the petty work like supply the labor and material on the project and he completed all the work allotted to him to the satisfaction of the authority concerned and did not in any manner was involved in the embezzlement as alleged in the impugned first information report. It is further contended that during the investigation the Investigating Officer has not collected any evidence which shows that the applicant has embezzled any kind of amount for his personal benefit so that it cannot be said that the applicant has embezzled alleged money, hence no offence is made out under Section 409 of the IPC. It is next contended that the applicant was granted interim protection from arrest by Division Bench of this Court, vide order dated 31.10.2025, passed in Criminal Misc. Anticipatory Bail Application No. 22608 of 2025. It is also contended that the co-accused in this matter have already been granted bail by a co-ordinate bench of this Court. It is submitted that applicant has no criminal history. It was also submitted that applicant undertakes to co-operate during trial and

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NABAIL No. 2557 of 2026

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he would appear as and when required by the investigating agency or Court. It has been stated that in case, applicant is granted anticipatory bail, he shall not misuse the liberty of bail and will co-operate with the investigation and would obey all conditions of bail.

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On the other hand, the learned A.G.A. has opposed the prayer for anticipatory bail and submits that he has not received instructions as yet.

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The applicant was granted interim protection from arrest by a Division Bench of this Hon’ble Court. Subsequently, charge sheet has been filed, and the applicant is cooperating in the trial proceedings. It is further submitted that some of the co-accused persons have already been granted anticipatory bail by a Coordinate Bench of this Hon’ble Court.

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It may be stated that in case of Siddharam Satlingappa Mhetre v. State of Maharashtra, (2011) 1 SCC 694, it has been held by Hon'ble Supreme Court that while deciding anticipatory bail, Court must consider nature and gravity of accusation, antecedent of accused, possibility of accused to flee from justice and that Court must evaluate entire available material against the accused carefully and that the exact role of the accused has also to be taken into consideration.

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In the instant case, considering the settled principle of law regarding anticipatory bail, submissions of the learned counsel for the parties, role of applicant and all attending facts and circumstances of the case, without expressing any opinion on merits, a case for anticipatory bail is made out.

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In the event of arrest of the applicant- Ashish Tiwari in the aforesaid case crime shall be released on interim anticipatory bail on his furnishing a personal bond of Rs. 50,000/- with two sureties each in the like amount to the satisfaction of the Court concerned till 15.04.2026 with the following conditions:-

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(i) The applicant shall not tamper with evidence and that he would appear before the trial Court on the date fixed unless exempted by the Court concerned;

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(ii) The applicant shall not directly or indirectly, make any inducement,

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NABAIL No. 2557 of 2026

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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;

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(iii) The applicant would co-operate during trial and would not misuse the liberty of bail.

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(iv) The applicant shall not leave India without prior permission of the Court concerned.

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In default of any of the conditions, the prosecution shall be at liberty to file appropriate application for cancellation of anticipatory bail granted to the applicant.

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List this case as fresh on 15.04.2026 in top twenty cases.

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Learned AGA is directed to obtain instructions by the next date fixed.

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(Jitendra Kumar Sinha,J.)

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March 17, 2026

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Neetu

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Digitally signed by :- NEETU SINGH High Court of Judicature at Allahabad

Ashish Tiwari v. State of U.P.

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Ashish Tiwari v. State of U.P.

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