Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:129525 Court No. - 70 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 40926 of 2024 Applicant :- Pintoo Tiwari Opposite Party :- State of U.P. Counsel for Applicant :- Vivek Singh Counsel for Opposite Party :- G.A. Hon'ble Dr. Gautam Chowdhary,J.
1. Heard learned counsel for the applicant, learned A.G.A. for the State and perused the material brought on record.
2. Learned counsel for the applicant submits that F.I.R. was lodged with the allegation that on the date of incident during midnight hours some unknown persons stolen away two safe kept in the Reliance Store and in one safe forty five thousand rupees were kept. Learned counsel further submits that after two days of the alleged occurrence the applicant was arrested by the police and recovery of one mobile phone and Rs. 2600/- were shown to be recovered from his possession, but such recovery is without any independent witness and the same has been implanted upon the applicant with malicious intention.goods of fifteen lakh rupees kept in the shop of the informant.
Learned counsel further submits that later the applicant and two other persons were arrested by the police and recovery of one mobile phone was shown from the possession of applicant. Several other
submissions in order to demonstrate the falsity of the allegations made against the applicant have also been placed before the Court. The circumstances which, according to the counsel, led to the false implication of the accused have also been mentioned. It has also been assured on behalf of the applicant that he is ready to cooperate with the process of law and shall faithfully make himself available before the court whenever required and is also ready to accept all the conditions which the Court may deem fit to impose upon him. He next submits that there is a criminal history of 12 cases in which the applicant is on bail. The applicant is in jail since 11.09.2024.
3. Per contra, learned A.G.A. has opposed the prayer for bail of the applicant by contending that the innocence of the applicant cannot be adjudged at pre trial stage, therefore, he does not deserve any indulgence.
4. Considering the overall facts and circumstances, the nature of allegations, the gravity of offence and without expressing any opinion on merits, this Court finds it to be a fit case for bail. Accordingly, the bail application stands allowed.
5. Let the applicant-Pintoo Tiwari, be enlarged on bail in Case Crime No. 391 of 2024, under Sections 331(4), 305(A), 317(4), 3(5) of B.N.S., Police Station- Sector-113 Noida, District- Gautam Buddha Nagar, on
executing a personal bond and furnishing two local sureties each in the like amount to the satisfaction of the court concerned with the following conditions: i) The applicant shall not tamper with the prosecution evidence. ii) The applicant shall not threaten or harass the prosecution witnesses. iii) The applicant shall appear on the date fixed by the trial court. iv) The applicant shall not commit any offence similar to the offence of which the applicant is accused, or suspected of the commission. v) The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade such person from disclosing facts to the Court or to any police officer or tamper with the evidence.
6. In case of default of any of the conditions enumerated above, the court concerned shall be at liberty to cancel the bail of applicant in accordance with law.
Order Date :- 31.7.2025 Mustaqeem. Digitally signed by :- MOHD MUSTAQEEM KHAN High Court of Judicature at Allahabad