Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 128778 (ALL)

SUNEEL KUMAR TIWARI v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. GOVT. LKO

BAIL/2290/2025 · 2025-03-12

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Neutral Citation No. - 2025:AHC-LKO:15223 Court No. - 7 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2290 of 2025 Applicant :- Suneel Kumar Tiwari Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Govt. Lko Counsel for Applicant :- Ajey Singh Counsel for Opposite Party :- G.A. Hon'ble Pankaj Bhatia,J. 1. Heard learned counsel for the applicant as well as learned A.G.A. and perused the record. 2. The applicant seeks enlargement on bail in FIR No.238 of 2022, under Sections 302, 354-A, 457 IPC, Police Station Gilaula, District Shrawasti. 3. This is the second bail application. The first bail application was rejected vide order dated 09.09.2024. 4. While arguing the second bail application, the submission of the Counsel for the applicant is that in the order dated 09.09.2024 directions were issued for recording the testimony of PW-3 to PW-8, who are the fact witnesses. My attention has been drawn to their evidences, which are not direct in nature and only circumstantial in nature. The applicant has no criminal antecedents. 5. Learned A.G.A. vehemently opposed the bail prayer. 6. Considering the fact that the fact witnesses have already been recorded; the applicant has no criminal antecedents and is in custody since 22.12.2022 and there is nothing on record to demonstrate that the applicant if enlarged on bail, would in any way adversely affect the trial, I am of the view that the applicant is entitled to be released on bail. Accordingly, the bail application is allowed. 7. Let the applicant Suneel Kumar Tiwari be released on bail in the abovesaid first information report number on his furnishing personal bonds and two reliable sureties of the like amount each to the satisfaction of the 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 :- 12.3.2025 akverma Digitally signed by :- ASHOK KUMAR VERMA High Court of Judicature at Allahabad, Lucknow Bench