Rajesh Tiwari v. State of U.P

Court No. - 75 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 52015 of 2023 Applicant :- Rajesh Tiwari Opposite Party :- State of U.P. Counsel for Applicant :- Vishnu Kant Tiwari Counsel for Opposite Party :- G.A. Hon'ble Umesh Chandra Sharma,J.

¶1Heard Sri Vishnu Kant Tiwari, learned counsel for the applicant, learned AGA for the State and perused the record.

¶2The instant bail application has been filed with a prayer to enlarge the applicant on bail in Case Crime No. 98 of 2022, under Section 2/3 UP Gangsters and Anti-Social Activities (Prevention) Act, 1986, Police Station Tehrauli, District Jhansi during the pendency of trial.

¶3It is argued by the learned counsel for the applicant that the prosecution under the Gangsters Act has been launched against the applicant on the basis of one case, triable by the Magistrate, shown in the gang chart. The criminal history of the applicant has been explained in the paragraph No. 11 of the affidavit. The police has registered the FIR in the present case when the applicant was already in jail. The applicant is in jail since 23.09.2021. He is not the member of any gang. There is no independent witness against him. There is no likelihood of his abscondence or tampering with the evidence. In case the applicant is released 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 advanced by the counsel for the applicant.

¶5Having regard to the facts, circumstances and the submissions made but without commenting on merits of the case, this Court is of opinion that the applicant is entitled to be enlarged on bail. Accordingly, the bail application is allowed.

¶6Let the applicant - Rajesh Tiwari, involved in the aforesaid case crime be released on bail on his furnishing a personal bond and two 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;

(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 :- 13.12.2023 RPD High Court of Judicature at Allahabad