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2025 DAILYLAW 138307 (ALL)

MITHUN TIWARI AND ANOTHER v. STATE OF U.P. THRU. PRIN. SECY. DEPTT. OF HOME U.P. LKO.

BAIL/3872/2025 · 2025-08-25

Subhash Vidyarthi

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 3872 of 2025 Court No. - 13 HON'BLE SUBHASH VIDYARTHI, J. 1. Heard Smt. Madhulika Yadav, learned counsel for the applicants, Shri Shikhar Srivastava, learned A.G.A. for the State and perused the records. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No.19 of 2025 under Sections 318(4), 319(2), 337, 338, 339, 341 of B.N.S. and Section 66 C of I.T. Act registered at Police Station- Harraiya, District- Balrampur. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 15.02.2025 against four named persons, including the applicant and some unknown persons, stating that on the basis of an information received from a Mukhbir, the police raided Arun Online Service Centre where the co-accused Siddharth Saroj and the applicant were working. All the accused persons stated that they used to prepare caste, domicile, birth certificates but they could not produce any authority in this regard. They confessed that they were involved in preparing forged documents. 4. In the affidavit filed in support of the bail application, it has been stated that the applicants are innocent, they have been falsely implicated in the present case and they have no criminal history. 5. Co-accused- Siddharth Saroj has been granted bail by means of an order dated 18.07.2025 passed by a Co-ordinate Bench of this Court in Crl. Misc. Bail Application No.3463 of 2025. Two other co- Versus Counsel for Applicant(s) : Dinesh Kr. Chaudhary, Beauty Singh, Devendra Kumar Singh, Jyoti Gupta, Madhulika Yadav, Manisha Yadav Counsel for Opposite Party(s) : G.A. Mithun Tiwari And Another .....Applicant(s) State Of U.P. Thru. Prin. Secy. Deptt. Of Home U.P. Lko. .....Opposite Party(s) accused persons namely, Mahendra Mishra and Girish Chaudhary have also been granted bail in the present case. 6. Learned A.G.A. has vehemently opposed the bail application but he could not dispute that the role assigned to the applicants is similar to the role assigned to the co-accused Siddharth Saroj. 7. Having considered the aforesaid facts and circumstances of the case, I am of the view that the aforesaid facts are sufficient for making out a case for enlargement of the applicant on bail in the aforesaid case. 8. Accordingly, this bail application stands allowed. 9. Let the applicant- Mithun Tiwari and Ramesh Tiwari be released on bail in the aforementioned case on furnishing a personal bond and two sureties each in the like amount to the satisfaction of Magistrate/Court concerned, subject to 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. August 25, 2025 -Amit K- BAIL No. 3872 of 2025 2 (Subhash Vidyarthi,J.) Digitally signed by :- AMIT KUMAR High Court of Judicature at Allahabad, Lucknow Bench