Roop Narayan Tiwari v. State of U.P Thru. Secy. Deptt. Home Civil Secrt. Lko

Court No. - 16 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 15100 of 2023 Applicant :- Roop Narayan Tiwari Opposite Party :- State Of U.P Thru. Secy. Deptt. Home Civil Secrt. Lko. Counsel for Applicant :- Vivek Kumar Pandey Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J.

¶1Heard Sri Vivek Kumar Pandey, the learned counsel for the applicant as well as Sri Jayant Singh Tomar, the learned A.G.A.-I for the State and perused the record.

¶2The instant application has been filed seeking release of the applicant on bail in Case Crime No. 118 of 2022, under Section 323, 324, 504, 308 I.P.C., registered at Police Station Katra Bazar, District Gonda.

¶3The aforesaid case has been registered on the basis of F.I.R. lodged on 25.04.2022 against the applicant and his three daughters alleging that all the accused persons had assaulted the informant and when his son tried to intervene, he was also assaulted.

¶4The applicant has suffered four injuries in the incident, including an incised wound on skull. The informant's son had suffered two injuries of simple nature.

¶5The injured person has levelled similar allegations against all the accused persons and all the other co-accused persons have already been granted bail and copies of their bail orders have been annexed as Annexure No. 13 of the affidavit filed in support of the bail application.

¶6The learned A.G.A. has opposed the prayer of the bail, but he could not dispute the aforesaid aspects of the matter.

¶7Having considered the aforesaid facts and circumstances of the case and without making any observations which may affect the merits of the case, I am of the view that the applicant is also entitled to be released on bail on the ground of parity.

¶8Accordingly, this bail application stands allowed.

¶9Let the applicant-Roop Narayan 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 the 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. (Subhash Vidyarthi,J.) Order Date :- 20.12.2023 Preeti. High Court of Judicature at Allahabad, Lucknow Bench