Court No. - 51
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 25217 of 2021 Applicant :- Sanjay Tiwari @ Puttan Tiwari Opposite Party :- State of U.P.
Counsel for Applicant :- Anand Pati Tiwari
Hon'ble Om Prakash-VII,J.
Exemption application is allowed.
Heard Shri Manish Tiwari, learned Senior Advocate assisted by Shri Anand Pati Tiwari, learned counsel for the applicant, learned A.G.A for the State and perused the record.
It is submitted by learned counsel for the applicant that the applicant is innocent and has been falsely implicated in the present case. He has not committed the present offence. It is further submitted that incident is said to have taken place on 06.01.2020 whereas F.I.R. was lodged on 13.02.2020. Delay occurred in lodging the F.I.R. has not been properly explained. Entire prosecution case is based on hearsay evidence. Although applicant is named in the F.I.R. yet there is no evidence against him. At this juncture, learned Senior Counsel appearing for the applicant also referred to the statement of co-accused Anshul Chauhan and further argued that only on the basis of confessional statement of co-accused role of the applicant was specified. Motive suggested against the applicant is also false, planted and after thought. None has seen the present incident. Last seen evidence is also not sufficient to connect the applicant with the present matter. Chain of circumstantial evidence is also not linked/connected with each other to form an irresistible conclusion against the applicant and same is not conclusive in nature. Thus, referring to the entire evidence and the statement of witnesses recorded during investigation, it is further submitted that present case is solely based on circumstantial evidence. The applicant has no criminal history. He is languishing in jail since 08.03.2021 and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.
On the other hand, learned AGA opposed the prayer for bail and submitted that role of the applicant came into light in the statement of co-accused Anshul Chauhan. There is criminal history against the applicant. A prima facie case is made out.
In rejoinder, learned Senior Counsel appearing for the applicant argued that all the criminal cases shown as criminal history have been properly explained. They are simple in nature and in some cases final report has been submitted.
Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties and keeping in view the nature of offence, complicity of accused, scrutinizing the facts mentioned in the F.I.R., statement of witnesses recorded under Section 161 Cr.P.C. 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.
Let the applicant Sanjay Tiwari @ Puttan Tiwari involved in Case Crime No. 7 of 2020, under Sections 302, 364, 506, 201, 120-B IPC, P.S. Lavedi, District - Etawah be released on bail on furnishing a personal bond and two heavy sureties each in the like amount to the satisfaction of the court concerned subject to following conditions.
1. The applicant will not tamper with the evidence during the trial.
2. The applicant will not pressurize/ intimidate the prosecution witness.
3. The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.
4. The applicant shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected.
5. The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence.
In case of breach of any of the above conditions, the prosecution shall be at liberty to move bail cancellation application before this Court.
The party shall file computer generated copy of this order downloaded from the official website of High Court, Allahabad. 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.
Order Date :- 7.10.2021 Sanjeet Digitally signed by OM PRAKASH Date: 2021.10.08 10:52:29 IST Reason: Document Owner Location: High Court of Judicature at Allahabad