Court No. - 65
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 12910 of 2021 Applicant :- Anshu Tiwari @ Rinku Tiwari Opposite Party :- State of U.P. Counsel for Applicant :- Apul Misra Counsel for Opposite Party :- G.A.
Hon'ble Ram Krishna Gautam,J.
Heard over bail application moved by applicant, Anshu Tiwari @ Rinku Tiwari, in Case Crime No. 687 of 2020, under Sections-364, 302, 201 I.P.C. Police Station-Meja, District-Allahabad.
Learned counsel for the applicant argued that the accused- applicant is innocent; he has been falsely implicated in this very case crime number and is languishing in jail since 22.12.2020; he was of no criminal antecedent till present occurrence, subsequently, one case was planted against the applicant as case crime number 698 of 2020 under Sections-394, 504, 427 I.P.C. which was got registered against unknown persons and applicant was implicated in it, wherein, he is on bail granted by additional sessions Judge, explained in para 30 of the affidavit filed in support of this bail application and on the basis of above detention this implication was made having no evidence; it is a case based on circumstantial evidence and none has seen applicant as last seen along with deceased or while committing kidnapping or murder of the deceased; there is no link to complete the chain; and there is no likelihood of fleeing from course of justice or tempering with evidence in case of release on bail. Hence, bail has been prayed for.
Learned AGA has vehemently opposed, but could not oppose this fact that the applicant was of no criminal antecedent till implication int he present case except one case which was subsequent occurrence and applicant is on bail in that case.
Having heard and gone through materials placed on record, it is apparent that the report was against unknown and none is eye witness account of this occurrence and even applicant was not seen in company with deceased as last seen.
Considering all above facts and circumstances, the nature of accusations, severity of the punishment in the case of conviction and nature of supporting evidence, reasonable apprehension of tampering with the witness and prima facie case, but, without commenting on merits of the case, a case for bail is made out.
Accordingly, the bail application is allowed.
Let the applicant, Anshu Tiwari @ Rinku Tiwari, involved in above mentioned case crime number be released on bail, on his executing a personal bond and two reliable sureties, each, in the like amount, to the satisfaction of the court concerned, subject to the following conditions:
1. The applicant will not tamper with the evidence.
2. The applicant will not indulge in any criminal activity.
3. The applicant will not pressurize/intimidate the prosecution witnesses and co-operate in the trial.
4. The applicant will appear regularly on each and every date fixed by the trial court, unless his personal appearance is exempted through counsel by the court concerned.
5. The party shall file computer generated copy of such order downloaded from the official website of High Court, Allahabad.
6. The computer generated copy of such order shall be self attested by counsel of the party concerned.
7. The concerned Court/ Authority/ Official shall verify the authenticity of such computerized copy of the order from the official website of High Court, Allahabad, and shall make a declaration of such verification in writing.
In the event of breach of any of the aforesaid conditions, the court below will be at liberty to proceed to cancel his bail.
Order Date :- 27.7.2021 Deepak/