Chandra Sekhar Tiwari v. State of U.P

Court No. - 74 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 45538 of 2023 Applicant :- Chandra Sekhar Tiwari Opposite Party :- State of U.P. Counsel for Applicant :- Manvendra Singh,Arun Kumar Misra Counsel for Opposite Party :- G.A. Hon'ble Vivek Varma,J.

¶1Heard learned counsel for the applicant and learned AGA for the State-respondent.

¶2The instant bail application under Section 439 Cr.P.C. has been filed with a prayer to enlarge the applicant on bail in Case Crime No. 777 of 2021 under Sections 420, 467, 468, 471, 448, 323, 504, 506, 384 IPC, Police Station Naubasta, District Kanpur Nagar, during the pendency of trial.

¶3Counsel for the applicant submits that the applicant has been falsely implicated in the instant case. The dispute is primarily of civil in nature. The applicant has already filed a civil suit in the court of Civil Judge (Jr. Div.), Kanpur Nagar numbered as Suit No. 1831 of 2016 (Chandra Shekhar Vs. Smt. Suchi Shukla and another), the same is pending before the court concerned. Written statement had already been filed. The criminal proceedings have been instituted to leverage in the civil claim. The applicant is in jail since 04.08.2023 having no criminal history and in case he is enlarged on bail, he will not misuse the said liberty.

¶4Learned AGA has opposed the prayer for bail but could not satisfactorily dispute the aforesaid submissions from the record.

¶5Having heard counsel for the parties and having perused the record, this Court prima facie finds that the dispute is primarily of civil in nature. Civil suit is also pending between the parties before the competent court. The applicant has no criminal antecedents. The applicant has remained confined for more than three months and after submission of the charge-sheet there is no hope of early conclusion of trial, more so when no reasonable apprehension has been brought to the fore by the State that the applicant, if enlarged on bail, would either tamper with the evidence or delay the trial or intimidate the witness, without commenting on the merits of the case, I am of the opinion that the applicant is entitled to be enlarged on bail.

¶6Let the applicant Chandra Shekhar Tiwari, involved in the aforesaid case be released on bail on his furnishing a personal bond and two heavy sureties each in the like amount to the satisfaction of the court concerned subject to the conditions that he:

(i) shall appear on the date fixed by the trial court;

(ii) shall not tamper with the prosecution evidence; and,

(iii) shall not pressurize the prosecution witnesses.

¶7In case of breach of any of the above conditions, the prosecution shall be at liberty to move bail cancellation application before this Court. Order Date :- 6.11.2023 Lbm/- High Court of Judicature at Allahabad