Allahabad High Court
Himanshu Tiwari vs State Of U.P. on 30 August, 2022
Bench: Siddharth
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 69
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 11144 of 2020
Applicant :- Himanshu Tiwari
Opposite Party :- State of U.P.
Counsel for Applicant :- Sandeep Kumar Mishra, Adarsh Bhushan
Counsel for Opposite Party :- G.A., Ran Vijay Singh
Hon'ble Siddharth,J.
Heard learned counsel for the applicant, Sri Ran Vijay Singh, learned counsel for the informant and learned A.G.A for the State.
There are allegations of committing offence of rioting and murder against four named and one unknown accused with common object.
Counsel for the applicant submits that the applicant has not been assigned any role in the FIR. Other accused persons are alleged to have fired on deceased. His name has been taken by an alleged eye-witness, Akhilesh Singh, in his statement recorded under Section 161 Cr.P.C. Number of co-accused persons, namely, Kundan Singh, Shivam Singh @ K.J, have been granted bail by this court vide Criminal Misc. Bail Application Nos. 55767 of 2019 and 40532 of 2019. The applicant is in jail since 03.03.2019 and has no criminal history to his credit. P.W-1 to P.W-4 have been declared hostile before the court below.
On the other hand learned A.G.A has opposed the prayer for bail.
Keeping in view the nature of the offence, evidence, complicity of the accused, submissions of the learned counsel for the parties, larger mandate of the Article 21 of the Constitution of India and the dictum of Apex Court in the case of Dataram Singh Vs. State of U.P. and another reported in (2018) 3 SCC 22 and recent judgment dated 11.07.2022 of the Apex Court in the case of Satendra Kumar Antil vs. C.B.I., passed in S.L.P (Crl.) No. 5191 of 2021 and without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.
Let the applicant, Himanshu Tiwari, involved in Case Crime No. 100 of 2019, under Sections- 147, 148, 149, 302, 34, 120-B IPC and 7 Criminal Law Amendment Act, Police Station- Shivpur, District- Varanasi, be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions. Further, before issuing the release order, the sureties be verified.
(i) The applicant shall not tamper with the evidence or threaten the witnesses.
(ii) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in Court. In case of default of this condition, it shall be open for the Trial Court to treat it as abuse of liberty of bail and pass orders in accordance with law.
(iii) The applicant shall remain present before the Trial Court on each date fixed, either personally or as directed by the Court. In case of his absence, without sufficient cause, the Trial Court may proceed against him under Section 229-A of the Indian Penal Code.
(iv) In case the applicant misuses the liberty of bail during trial and in order to secure his presence, proclamation under Section 82 Cr.P.C. is issued and the applicant fails to appear before the Court on the date fixed in such proclamation then the Trial Court shall initiate proceedings against him in accordance with law under Section 174-A of the Indian Penal Code.
(v) The applicant shall remain present in person before the Trial Court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 313 Cr.P.C. If in the opinion of the Trial Court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the Trial Court to treat such default as abuse of liberty of bail and proceed against him in accordance with law.
In case, of breach of any of the above conditions, it shall be a ground for cancellation of bail.
Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.
Trial court is directed to conclude the trial of the applicant as expeditiously as possible preferably within a period of one year.
Order Date :- 30.8.2022
Rohit
