ARUN KUMAR TIWARI v. STATE OF U.P. THRU. THE ADDL. CHIEF SECY. HOME DEPTT. AND 3 OTHERS
BAIL/880/2025 · 2025-01-28
Pankaj Bhatia
body2025
DailyLaw.ai
[ 2025 DAILYLAW 120137 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 120137 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:5323 Court No. - 7 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 880 of 2025 Applicant :- Arun Kumar Tiwari Opposite Party :- State Of U.P. Thru. The Addl. Chief Secy. Home Deptt. And 3 Others Counsel for Applicant :- Bhupendra Nath Tripathi,Amit Sharma Counsel for Opposite Party :- G.A. Hon'ble Pankaj Bhatia,J.
1. Heard learned counsel for the applicant, learned AGA and perused the record.
2. The applicant seeks enlargement on bail in FIR No.0026 of 2024, under Section 370, 372, 376DA, 511 IPC, Section 3(2)(v) & 3(2)(va) of SC/ST Act, Section 5, 6, 17 of POCSO Act and Section 5 of Immoral Traffic (Prevention) Act, P.S. Madeyganj, District Lucknow Central (Commissionerate Lucknow).
3. Learned counsel for the applicant argues that co-accused was enlarged on bail vide orders dated 09.07.2024 & 06.08.2024 which are on record.
4. Learned AGA has opposed the bail application.
5. Considering and adopting the reasoning as contained in the bail orders, the applicant who is in custody since 07.04.2024 is entitled to be enlarged on bail. In view thereof, the application is allowed.
6. Let the applicant Arun Kumar Tiwari be released on bail in aforesaid FIR number on his furnishing a personal bond with two sureties of Rs.20,000/- each to the satisfaction of court concerned with the following conditions: (a) The applicant shall execute a bond to undertake to attend the hearings; (b) The applicant shall not commit any offence similar to the offence of which he is accused or suspected of the commission; and (c) 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 him from disclosing such facts to the Court or to any police officer or tamper with the evidence. Order Date :- 28.1.2025 nishant Digitally signed by :- NISHANT MOHAN High Court of Judicature at Allahabad, Lucknow Bench