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2025 DAILYLAW 120300 (ALL)

SANDEEP KUMAR TIWARI @ RAHUL v. STATE OF U.P. THRU. ADDL. CHIEF SECY. DEPTT. OF HOME LKO AND ANOTHER

ABAIL/135/2025 · 2025-02-04

Karunesh Singh Pawar

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:6998 Court No. - 16 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 135 of 2025 Applicant :- Sandeep Kumar Tiwari @ Rahul Opposite Party :- State Of U.P. Thru. Addl. Chief Secy. Deptt. Of Home Lko And Another Counsel for Applicant :- Satyendra Kumar Tiwari,Jay Prakash Singh Counsel for Opposite Party :- G.A. Hon'ble Karunesh Singh Pawar,J. 1. The present anticipatory bail application has been filed seeking anticipatory bail in case crime No. 25 of 2024, under Sections 147, 148, 323, 504, 506, 325, 308, 341 IPC, Police Station Piparpur, District Amethi. 2. Heard learned counsel for the applicant and learned Additional Government Advocate for the State as well as perused the record. 3. Learned counsel for the applicant submits that the brother of the applicant has lodged an FIR No.0020, Police Station Peeperpur, District Amethi under Sections 147, 148, 323, 504, 506 Indian Penal Code against the injured Ram Jatan. The instant FIR has been lodged against the applicant as a counterblast to the earlier FIR in which the injured was implicated. He submits that perusal of the examination of the injuries of the injured shows that as per the admitted case of the prosecution injured sustained accidental injury. Later on while concocting the facts and leveling general allegations the entire family of the applicant has been falsely implicated. 4. Learned counsel for the applicant undertakes that the applicant shall cooperate in the trial. 5. Learned Addl. Government Advocate has opposed the prayer for anticipatory bail. 6. On due consideration to the submissions advanced, perusal of the record, accidental injury report of the injured, also the fact that the applicant has no criminal antecedents and the charge- sheet has been filed as also the judgment in Sushila Aggarwal and others versus State (NCT of Delhi) and another (2020)5 SCC 1 and without entering into the merit of the case, it would be expedient in the interest of justice that the liberty of the applicant may be protected in view of dictum of Apex Court in re: Sushila Aggarwal Vs. State (NCT of Delhi)-2020 SCC online SC 98. 7. Accordingly, the anticipatory bail application is allowed. It is provided that in the event of arrest, the applicant Sandeep Kumari Tiwari alias Rahul shall be released on anticipatory bail on his furnishing a personal bond and two sureties of the like amount to the satisfaction of the trial court concerned with the following conditions:- 1. that the applicant shall not leave India without the previous permission of the court; 2. that the applicant shall not pressurize/ intimidate the prosecution witness; 3. that the applicant shall appear before the trial court on each date fixed unless personal presence is exempted; 4. that in case of breach of any of the above conditions the court below shall have the liberty to cancel the anticipatory bail. Such other reasonable conditions which the learned trial court may deem fit may be imposed. Order Date :- 4.2.2025 kkb/ Digitally signed by :- KRISHNA KUMAR BARANWAL High Court of Judicature at Allahabad, Lucknow Bench