Ganesh Tiwari @ Mandeep Tiwari v. State of U.P. Thru. Secy. Home Lko

Court No. - 14 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 14226 of 2023 Applicant :- Ganesh Tiwari @ Mandeep Tiwari Opposite Party :- State Of U.P. Thru. Secy. Home Lko. Counsel for Applicant :- Suresh Chandra Srivastava,Vaibhav Srivastava Counsel for Opposite Party :- G.A. Hon'ble Mohd. Faiz Alam Khan,J.

¶1Supplementary affidavit filed on behalf of the applicant is taken on record.

¶2Learned A.G.A. informs that he has procured complete instructions in the matter including upto date case diary.

¶3Heard learned counsel for the accused-applicant as well as learned A.G.A. for the State and perused the record.

¶4This bail application has been moved on behalf of the accused-applicant/Ganesh Tiwari @ Mandeep Tiwari for grant of bail, in Case Crime No.323 of 2023, under Section 3(1) of the U.P. Gangsters and Anti Social Activities (Prevention) Act, 1986, Police Station Kadipur, District Sultanpur during pendency of trial.

¶5Learned counsel for accused-applicant while pressing the bail application submits that the accused-applicant has been falsely implicated in the instant case as well as in five cases mentioned in the gang chart. However, in all these cases mentioned in the gang chart, he has been released on bail by the trial court and the bail orders with regard to these five cases have been placed as Annexure No.2 to this bail application.

¶6He further submits that apart from these five cases, the complicity of the applicant is also shown with regard to other four criminal case(s), however, in all these cases also, he has been granted bail by trial court as well as by Coordinate Benches of this Court. A copy of these bail orders have also been placed as Annexure No.3 and apart from the above mentioned cases, one more case has been shown against the applicant as Case Crime No.449 of 2016, under Sections 323, 504, 506 I.P.C., however, in that case, the applicant has not received any process of the court and apart from the above mentioned cases, the applicant is not involved in any other criminal case. Identically placed co-accused person of the alleged crime, namely, Abhishek Tiwari has been released on bail by Coordinate Bench of this Court, vide order dated

17.11.2023 passed in Criminal Misc. Bail Application No.12382 of 2023.

¶7It is also submitted that the applicant is in jail in this matter since 23.03.2023 and having regard to the fact that only on the basis of five criminal case(s), the provisions of Gangster Act has been invoked against the applicant and the material which has been made the basis of lodging the first information report in this case is not sufficient enough to raise a presumption that the applicant is either guilty of the offences mentioned in the gang chart or may commit the same offences again if the facility of bail is granted to him.

¶8Learned A.G.A. opposes the prayer for bail of the applicant, but could not confront the factual submissions made by the learned counsel for the accused-applicant.

¶9Having heard learned counsel for the parties and having perused the record, it is evident that the provisions of Gangsters Act has been invoked against the applicant on the basis of five cases mentioned in the gang chart, however, in all the cases mentioned in the gang chart he has been released on bail by trial court and apart from these five cases, the complicity of the applicant is also shown with regard to other four criminal case(s), however, in all these cases also, he has been granted bail by trial court as well as by Coordinate Benches of this Court. A copy of these bail orders have also been placed as Annexure No.3 and apart from the above mentioned cases, one more case has been shown against the applicant as Case Crime No.449 of 2016, under Sections 323, 504, 506 I.P.C., however, in that case, the applicant has not received any process of the court and apart from the above mentioned cases, the applicant is not involved in any other criminal case. The applicant is in jail in this case since 23.03.2023. Nothing has been brought on record, which may suggest that the facility of bail granted by trial court pertaining to the offences mentioned in the gang chart has been challenged at any higher forum or has been cancelled by any superior court. Identically placed co-accused person of the alleged crime, namely, Abhishek Tiwari has been released on bail by Coordinate Bench of this Court. The presence of the applicant could be secured before the trial court by placing adequate conditions/restrictions.

¶10Keeping in view the nature of the offence, evidence, complicity of the accused, severity of punishment, submissions of the learned counsel for the parties and without expressing any opinion on the merits of the case, I am of the considered view that applicant has made out a case for bail. The bail application is allowed.

¶11Let the accused-applicant/Ganesh Tiwari @ Mandeep Tiwari involved in aforesaid case be released on bail on furnishing a personal bond with two sureties in the like amount to the satisfaction of the court concerned subject to following conditions:-

(i) The applicant shall not tamper with the prosecution evidence by intimidating/pressurizing the witnesses, during the investigation or trial.

(ii) The applicant shall cooperate in the trial sincerely without seeking any adjournment.

(iii) The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.

¶12In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.

¶13Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.

¶14Observations made herein-above by this court are only for the purpose of disposal of this bail application and shall not be construed as an expression of this Court on the merits of the case. Order Date :- 6.12.2023 Anupam S/- High Court of Judicature at Allahabad, Lucknow Bench