Allahabad High Court
Arun Tiwari vs State Of U.P. on 28 July, 2021
Bench: Siddharth
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 38
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 20378 of 2020
Applicant :- Arun Tiwari
Opposite Party :- State of U.P.
Counsel for Applicant :- Rajiv Shukla
Counsel for Opposite Party :- G.A.
Hon'ble Siddharth,J.
Order on Criminal Misc. Modification Application No. 2 of 2020
This modification application has been filed praying for modification of the order dated 07.08.2020 passed by this Court in the abovenotedbail application taking into account the bail rejection order dated 03.07.2020passed by the Court below.
It has been stated in the affidavit in support of the modification application that the applicant was granted bail by this Court on 07.08.2020. Prior to that District Court at Jalaun was closed on account of the district being under the red zone/contentment zone of corona virus. Also prior to filing of this bail application before this Court one of the relative of the in-laws of the applicant filed a bail applicationbefore the Sessions Court at Jalaun on 03.07.2020 and it was rejected on 07.03.2020. The deponent of the affidavit, namely, Nirmal Kumar Tiwari, has averred that he was not aware of the rejection of the bail of the applicant from the Sessions Court on 03.07.2020 when he filed this bail applicationbefore this Court (on 13.07.2020).
Counsel for the applicant has stated that even after the grant of bail by this Court the applicant has not been released on bail and he is languishing in jail since 30.05.2020. In pursuance of the order of this Court date 25.03.2021 the deponent has filed his personal affidavit reiterating the above facts.
Learned A.G.A has opposed the modification application and has submitted that the applicant applied for bail before this Courtconcealing the relevant fact of getting hisbail application rejected by the Court below and therefore he does not deserves to be granted any indulgence.
After hearing counsel for parties and going through the averments made in the modification application this Court finds that prior to filing of the above noted bail applicationbefore this Court, the bail application of the applicant was rejected by the Court below on 03.07.2020. Without disclosing the abovefact of dismissal of the bail application of the applicant by the Sessions Court,the presentbail application was filed and orderwas passed in favour of the applicant. Keeping in view of the judgment ofthe Apex Court in the case of Sandeep Kumar Bafna Vs. State of Maharashtra and Others, 2014 (16) SCC 263, the bail application was entertained directly before this Court because the District Courts were not functioning on account of lockdown imposed for preventing the spread of novel coronavirus but this Court was not informed about the correct facts.
Hence, the order dated 07.08.2020 passed by this Court is recalled and bail grantedto the applicant is cancelled. Liberty is granted to the applicant to file secondbail applicationbefore the Court below. The second bail application of the applicant shall bedecided by the Court below, withoutbeing influenced by the observations made in this order, onmerits ofthebail application.
The modification application is rejected.
Order Date :- 28.7.2021
Rohit
