Court No. - 79
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 22588 of 2019 Applicant :- Sanjay Tiwari Opposite Party :- State Of U.P.
Counsel for Applicant :- Murli Dhar Mishra Counsel for Opposite Party :- G.A.
Hon'ble Ram Krishna Gautam,J.
By means of this application the applicant Sanjay Tiwari has prayed to release him on bail in Case Crime No. 75 of 2018, u/s 406, 323, 504, 506 I.P.C., P.S. Sarnath, District Varanasi.
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 has been falsely implicated in this very case crime number. Because of previous enmity forged documents were got prepared on a plain paper, which was got forcibly signed by the accused-applicant for which complaint was made by the applicant to the In-charge Tehsil Diwas on Sampurn Samadhan Diwas, copy of which has been annexed with the affidavit, and thus this accusation was got lodged for alleged payment of February 2016, whereas no such lending was there nor any document of acceptance was ever executed by the applicant nor the alleged amount was transferred to the applicant through RTGS or Cheque. Even if the entire case of the informant is taken to be true, no case except civil liability is made out. He is of no criminal antecedent. There is no likelihood of applicant's fleeing from course of justice or tempering with evidence, in case he is released on bail. Hence bail has been prayed for.
Learned AGA has vehemently opposed the bail application..
Having heard learned counsel for both sides and considered the material placed on record, 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, Sanjay 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