Court No. - 44
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2660 of 2019 Applicant :- Himanshu Tiwari Opposite Party :- State Of U.P. Counsel for Applicant :- Ravi Sahu Counsel for Opposite Party :- G.A.
Hon'ble Arvind Kumar Mishra-I,J.
Heard learned counsel for the applicant as well as learned AGA for the State of U.P and perused the material available on record.
While describing various aspects of this case, it has been submitted that the applicant has been falsely implicated in this case on account of he being the son of C.M.D. Anil Kumar Tiwari. He is neither the share-holder nor the director, nor the employee and has no connection with the offence in question. However, the person, who is the shareholder of the company say Krishna Kant Aginihotri @ Raju @ K.K. Aginihotri has already been admitted to bail by this Court vide order dated 7.3.2018 in Criminal Misc. Bail Application No. 8575 of 2018. Offence alleged is triable by the Magistrate Ist Class. In case, the applicant is admitted to bail, there is no possibility of his absconding or misusing the liberty of bail. The applicant has no previous criminal history and is languishing in jail since 21.12.2018 Learned AGA has opposed prayer for bail. However, he has not disputed the aforesaid facts.
Without entering into merit of the case but considering the facts and circumstances of the case, nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence, reasonable apprehension of tampering with witness or apprehension of threat to the complainant and prima facie satisfaction of the Court in support of the charge, the applicant is entitled to be released on bail.
Accordingly, bail application is allowed.
Let the applicant - Himanshu Tiwari involved in Case Crime No. 383 of 2017, under Sections - 406, 420, 467, 468, 471, 504, 506 I.P.C., Police Station - Kotwali Orai, District - Jalaun be released on bail on his executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned with the following conditions;
(i) The applicant will not tamper with the evidence during the trial.
(ii) The applicant will not pressurise/intimidate the prosecution witness.
(iii) The applicant will appear before the trial court on the date fixed.
(iv) The applicant will not commit offence.
In case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail.
Order Date :- 21.1.2019 S Rawat