Allowed

Bhuwan Chandra Tiwari v. State Of Uttarakhand

Uttarakhand HC13 Jan 2014BA2/109/2013

Case brief

AI extract

What is this about?

In this criminal bail application, the Court allowed the petitioner's release from jail after considering new evidence regarding the execution of loan papers, despite finding no merit in arguing the final merits of the case.

What did the court decide?

The bail application is allowed; the applicant is released on bail upon executing a personal bond of ` 2,00,000/- and furnishing two sureties.

Bhuwan Chandra Tiwari Vs State Of Uttarakhand — Money Laundering | Uttarakhand HC (2014)

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IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL

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Original Jurisdiction Dated: Nainital: the 13^th day of January 2014 Second Bail Application No. 109 of 2013

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Criminal Side

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Bhuwan Chandra Tiwari S/o Late N.P. Tiwari R/o Nandpur Katghariya Haldwani District Nainital

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……...Applicant ( in Jail)

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Versus

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State of Uttarakhand through its Secretary Home, Dehradun

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…..….Opposite Party

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Arising out of FIR/crime no. 15 of 2012 Under section 409, 420, 467, 468, 471 IPC Police Station Bheemtal District Nainital

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_____________________________________________________________________ Hon’ble V.K. Bist, J.

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Mr. A.K. Joshi, Advocate, present for the applicant.

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Mr. M.A. Khan, A.G.A., present for the State.

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Heard.

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The first bail application was rejected on 11.04.2013.

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This is second bail application moved on behalf of the applicant Bhuwan Chandra Tiwari who is in jail in connection with FIR/crime no. 15 of 2012, relating to offences punishable under section 409, 420, 467, 468, 471 IPC, registered at Police Station Bheemtal, District Nainital, has sought his release on bail.

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It is contended by learned counsel for the applicant that after rejection of first bail application one witness namely Lalit Mohan Pandey, Branch Manager of the Bank gives his statement before the court in which he has stated that in respect of Consumer Durable Loan (CDL) the entire liability of certification was on Branch Manager. In his statement he also stated that while granting loan to Megha Chaturvedi, Tara Chandra Joshi Laxman Singh and others, the papers were signed by the then Branch Manager D.K. Tamta and signatures of the applicant was not there. Therefore, it cannot be said that applicant was involved in the forgery.

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Having considered submission of learned counsel for the applicant, without expressing any opinion as to final merits of the case, this Court is of the view that applicant deserves bail.

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Accordingly, the bail application is allowed. Let applicant Bhuwan Chandra Tiwari be released on bail on executing personal bond of ` 2,00,000/‐ and furnishing two sureties, each of the like amount to the satisfaction of the Magistrate concerned.

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(V.K Bist, J.) Vacation Judge 13.01.2014

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Parul

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Bhuwan Chandra Tiwari v. State Of Uttarakhand

Case brief

What is this about?

What did the court decide?

Bhuwan Chandra Tiwari v. State Of Uttarakhand

Case brief

What is this about?

What did the court decide?

What the court decided

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