Allahabad High Court
Vijay Tewari vs State Of U.P. Thru. Prin. Secy. ... on 19 May, 2023
Bench: Brij Raj Singh
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Neutral Citation No. - 2023:AHC-LKO:35185
Court No. - 27
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6569 of 2023
Applicant :- Vijay Tewari
Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko.
Counsel for Applicant :- Srees Kumar Srivastava
Counsel for Opposite Party :- G.A.
Hon'ble Brij Raj Singh,J.
1. Supplementary affidavit filed on behalf of the applicant, is taken on record.
2. Heard learned counsel for the applicant and Sri Ran Vijay Singh learned A.G.A. for the State.
3. The present bail application has been filed by the applicant with a prayer to enlarge him on bail in Case Crime No.30 of 2022 under Section 2/3 U.P. Gangster Act & Anti Social Activiteies ( Prevention) Act, Police Station Kotwali District Unnao.
4. Learned counsel for the applicant contends that the applicant has been falsely implicated in the instant case. He is not a member of any criminal gang. As per the gang chart, five cases have been shown against the applicant in which in four cases the applicant has been enlarged on bail. He has further submitted that case crime no.171 of 2021 under sections 380, 457 and 411 IPC the applicant has been falsely implicated and the applicant has been convicted, therefore, he filed an appeal against the judgment and order dated 21.12.2022 before the Sessions Judge, Unnao which is pending a copy of which has been annexed as annexure no. SA-2 to the supplementary affidavit filed on behalf of the applicant. Lastly, it is contended by the learned counsel for applicant that the applicant shall not abscond and will fully cooperate in the proceedings. The applicant shall not tamper with the evidence nor influence the witnesses in any manner. The applicant is in jail since 23.09.2021.
5. On the other hand, learned A.G.A. opposed the prayer for bail, but could not dispute the aforesaid facts.
6. Upon hearing learned counsel for the parties, perusal of record and considering the complicity of accused, severity of punishment as well as totality of facts and circumstances, at this stage, without commenting on the merits of the case, I find it a fit case for bail.
7.The bail application is thus allowed.
8. Let the applicant, namely, Vijay Tiwari, who is involved in aforementioned case crime 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:-
(i) The applicant shall not communicate with any of the prosecution witness including the informant and the violation of this condition alone shall be a sufficient ground for the trial court to cancel the facility of bail granted to the applicant.
(ii) Applicant shall not take adjournment on any of the date on which the prosecution witness(s) are in attendance and in this regard shall file an undertaking before the trial court.
(iii) If in case of any exigency/urgency the applicant is not able to appear before the trial court he shall instruct his counsel engaged in the trial court to do all required for early disposal of the case including the cross examination of any prosecution witness.
(iv) The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.
(v) The applicant shall cooperate in the trial sincerely without seeking any adjournment.
(vi) The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.
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.
Observations made herein-above by this court are only for the purpose of disposal of this bail application and shall not be construed as an expression on the merits of the case.
Order Date :- 19.5.2023
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