Court No. - 79
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 20389 of 2019 Applicant :- Gaurav Tiwari Opposite Party :- State Of U.P.
Counsel for Applicant :- Manoj Kumar Keshari,Beerendra Singh Pal Counsel for Opposite Party :- G.A.
Hon'ble Ram Krishna Gautam,J.
By means of this application the applicant Gaurav Tiwari has prayed to release him on bail in Case Crime No. 161 of 2019, u/s 392, 411 I.P.C., P.S. Dibiyapur, District Auraiya.
Heard learned counsel for the applicant and learned AGA representing the State. Perused the record.
Learned counsel for the applicant has argued that the applicant is innocent and he has been falsely implicated in this very case crime number, which was lodged against four unknown offenders. Subsequently, a recovery was planted wherein Rs. 10,200/-, one country made pistol and one live cartridge, has been shown to be recovered from accused applicant. Whereas no such recovery was ever made nor any specific mark of identification was there nor there was any independent public witness of alleged recovery. Accused applicant is of no criminal antecedents prior to above date of arrest. Subsequently, two cases have been planted against him. Hence bail has been prayed for.
Learned AGA has vehemently opposed the bail application.
Under all above facts and circumstances, the nature of accusations, severity of the punishment in the case of conviction and without expressing any opinion on the merits of the case, this court is of the view that the applicant may be enlarged on bail with certain conditions.
Accordingly, the bail application is allowed.
Let the applicant, Gaurav 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.
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 :- 29.5.2019 Pcl