Court No. - 70
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 30099 of 2021 Applicant :- Rajesh Tiwari Opposite Party :- State of U.P.
Counsel for Applicant :- Rajiv Lochan Shukla,Sharad Mayank Pandey,Shiv Shankar Singh Counsel for Opposite Party :- G.A.,Achyutanand Pandey,Bhavya Sahai,Shiv Shankar Singh
Hon'ble Rajendra Kumar-IV,J.
Heard learned counsel for the applicant, learned A.G.A. for State, learned Counsel for the complainant and perused the material available on record.
Accused-applicant, involved in Case Crime No. 32 of 2021, under Sections 364, 302, 201 & 120- B IPC, Police Station Koraon, District Prayagraj, applied for bail.
Learned counsel for the applicant submits in the following manner :-
(i) Applicant is innocent and has been falsely implicated in the present case. He has committed no offence. Entire prosecution story is false and fake.
(ii) Applicant is not named in the FIR, his name came into light during investigation in the statement of Hari Babu Dubey and in the extra judicial confession of the accused. There is no other witness against the applicant. It is a case of no evidence. Extra judicial confession is a weak type of evidence and no conviction can be based upon it. Nobody has seen the incident. Nothing has been recovered from the possession of applicant.
(iii) In the exact circumstance and evidence, co- accused Nizamuddin @ Laddu has already been granted bail by a co-ordinate Bench of this Court on 26.11.2021 in Criminal Misc. Bail Application No.25711 of 2021 and case of present applicant is on identical footing to the case of co-accused Nizamuddin @ Laddu, therefore, the applicant be released on bail on the ground of parity also.
(iv) Applicant is in jail since 01.07.2021 without any credible evidence.
(v) There is no possibility of the applicants fleeing away from the judicial process or tampering with the witnesses. In case, the applicant is enlarged on bail, he shall not misuse the liberty of bail and he will continue present before the Court till disposal of the trial. Due to heavy pendency of cases in the Court, there is no possibility of early conclusion of the trial.
Learned A.G.A. has opposed the prayer for bail but did not dispute the factual submissions made by the learned counsel for the applicant and admitted that role of co-accused Nizamuddin @ Laddu and present applicant are similar.
Considering the facts and circumstances of the case, rival contention of learned counsel for the parties, detention of applicant in jail, severity of punishment in case of conviction, evidence collected by I.O. during investigation, factum of the bail granted to the co-accused Nizamuddin @ Laddu and without commenting upon the merit of the case, applicant deserves bail.
Accordingly, bail application is allowed.
Let applicant Rajesh Tiwari be released on bail in the aforesaid case crime on his furnishing a personal bond and two reliable sureties and filing an undertaking to the satisfaction of the court concerned subject to the following conditions:-
1. The applicant shall not tamper with the evidence or threaten the witnesses.
2. The applicant shall co-operate with the trial and shall not seek any adjournment on the dates fixed for charge, evidence when the witnesses are present in the court, statement under Section 313 Cr.P.C. and argument.
3. During trial, he shall not indulge in any criminal activities or case.
In breach of any condition enumerated above, Trial Court shall be at liberty to treat it as abuse of liberty of bail and pass appropriate orders in accordance with law.
Order Date :- 21.12.2021 Zafar