Anupam Tiwari @ Baba vs State Of U.P.
2024 Latest Caselaw 16826 ALL

Allahabad High Court

Anupam Tiwari @ Baba vs State Of U.P. on 13 May, 2024

Author: Krishan Pahal

Bench: Krishan Pahal

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2024:AHC:85711
 
Court No. - 76
 

 
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 18431 of 2024
 

 
Applicant :- Anupam Tiwari @ Baba
 
Opposite Party :- State of U.P.
 
Counsel for Applicant :- Dhirendra Singh Rajput
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Krishan Pahal,J.
 

1. List has been revised.

2. Heard Sri Devendra Singh, Advocate holding brief of Sri Dhirendra Singh Rajput, learned counsel for the applicant, Sri Sunil Kumar, learned A.G.A. for the State and perused the material placed on record.

3. Applicant seeks bail in Case Crime No.191 of 2018, Session Trial No.45 of 2018, under Sections 4/25 and 27 Arms Act, Police Station Kadaura, District Jalaun, during the pendency of trial.

4. Learned counsel for the applicant has stated that the instant case of recovery of a knife has been foisted on the applicant as the said recovery is stated to have been made at the pointing out of the applicant. The applicant was wanted in Case Crime No.186 of 2018, under Section 302 and 120-B I.P.C. Learned counsel has further stated that except the said case, there is no previous criminal history of the applicant. Subsequent to the arrest of the applicant, another case under Gangsters Act has been foisted on the applicant.

5. In support of his submission, learned counsel has placed much reliance upon the judgment of Prabhakar Tewari vs. State of U.P. And Another, 2020 (11) SCC 648, wherein the Supreme Court has observed that pendency of several criminal cases against an accused itself cannot be a basis for refusal of bail, if otherwise his case for bail is made out.

6. Several other submissions have been made on behalf of the applicant to demonstrate the falsity of the allegations made against him. The circumstances which, as per counsel, led to the false implication of the applicant have also been touched upon at length. The applicant is languishing in jail since 19.8.2018. In case, the applicant is released on bail, he will not misuse the liberty of bail.

7. Learned A.G.A. has vehemently opposed the bail application.

8. Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, the evidence on record, 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.

9. Let the applicant-Anupam Tiwari @ Baba, 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. Further, before issuing the release order, the sureties be verified.

(i) The applicant shall not tamper with evidence.

(ii) The applicant shall remain present, in person, before the Trial Court on dates fixed for (1) opening of the case, (2) framing of charge and (3) 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.

10. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.

11. It is made clear that observations made in granting bail to the applicant shall not in any way affect the learned trial Judge in forming his independent opinion based on the testimony of the witnesses.

Order Date :- 13.5.2024

Ravi Kant

(Justice Krishan Pahal)