Bal Govind Tiwari v. State of U.P. Thru. Prin. Secy. Deptt. Home Civil Sectt. Lko

Court No. - 16 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 14524 of 2023 Applicant :- Bal Govind Tiwari Opposite Party :- State Of U.P. Thru. Prin. Secy. Deptt. Home Civil Sectt. Lko Counsel for Applicant :- Ram Chandra Dwivedi,Brij Raj Singh,Sandip Kumar Yadav Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J.

¶1Heard Sri Sandip Kumar Yadav, learned counsel for the applicant, Sri Akhilesh Kumar Vyas, learned A.G.A. for the State and perused the records.

¶2The instant application has been filed seeking release of the applicant on bail in Case Crime No. 61 of 2023, under Sections 406, 420 & 506 I.P.C., registered at Police Station - Khandasa, District-Faizabad/Ayodhya.

¶3The aforesaid case has been registered on the basis of an F.I.R. lodged on 03.04.2023 against five persons, including the applicant, stating that informant had made some investment in Shankar Gopalan Seva Sansthanam under allurement of lucrative return by the accused persons but upon maturity, no amount has been paid to him. The applicant has been described as an agent of the entity in which the investment was made.

¶4In the affidavit filed in support of bail application it has been stated that the applicant is innocent and he has been falsely implicated in the present case.

¶5The learned A.G.A. has opposed the prayer for bail but he could not dispute the aforesaid aspects of the matter.

¶6Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the informant is aggrived by non-payment of returns on investment in an entity in which the applicant was merely an agent and he was neither director nor proprietor nor any other principal holder; that the applicant is languishing in jail since 10.08.2023 and without making any observation, which may affect the merits of the case, I am of the view that the aforesaid facts are sufficient for making out a case for enlargement of the applicant on bail in the aforesaid crime.

¶7Accordingly, this bail application stands allowed.

¶8Let the applicant-Bal Govind Tiwari be released on bail in the aforesaid case on furnishing a personal bond and two sureties each in the like amount to the satisfaction of magistrate/court concerned, subject to following conditions:-

(i) the applicant shall not tamper with the prosecution evidence;

(ii) the applicant shall not pressurize the prosecution witnesses;

(iii) the applicant shall appear on each and every date fixed by the trial court. Order Date :- 11.12.2023 Mohit Singh/- High Court of Judicature at Allahabad, Lucknow Bench