Shivam Tiwari vs State Of U.P.
2016 Latest Caselaw 6638 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 29
 
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 28310 of 2016
 
Applicant :- Shivam Tiwari
 
Opposite Party :- State Of U.P.
 
Counsel for Applicant :- Ved Prakash Ojha
 
Counsel for Opposite Party :- G.A.
 
Hon'ble Pramod Kumar Srivastava, J.

Learned counsel for the applicant has filed today second supplementary affidavit, which is taken on record.

Heard learned counsel for the applicant and learned A.G.A for the State and perused the material available on record.

The present bail application has been filed by the applicant in Case Crime No. 442 of 2016, under Sections 2/3 of Gangster Act, Police Station ? Mehrauni, District - Lalitpur, with the prayer to enlarge him on bail.

Learned counsel for the applicant contended that in all the cases, which are mentioned in the gang-chart, the applicant has been released on bail.

The prayer for bail has been vehemently opposed by learned AGA. However, the aforesaid factual aspect of the matter has not been disputed by him.

It has further been submitted that the applicant is innocent and is in jail since 14.03.2016 and, in case, he is enlarged on bail, he will not misuse the liberty of bail.

Considering the facts and circumstances of the case as also the submissions made, without commenting upon merits of the case, I am of the opinion that the applicant is entitled to be released on bail.

Let the applicant ? Shivam Tiwari be released on bail in the aforesaid case crime number on his furnishing a personal bond and two reliable sureties of the like amount to the satisfaction of the court concerned.

Order Date :- 24.10.2016.

Vinod.