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2025 DAILYLAW 142319 (ALL)

RAJ BHADUR TIWARI v. STATE OF U.P.

CRLA/1056/2009 · 2025-02-10

Subhash Chandra Sharma

Criminal Appealbody2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:8336 Court No. - 14 Case :- CRIMINAL APPEAL No. - 1056 of 2009 Appellant :- Raj Bhadur Tiwari Respondent :- State of U.P. Counsel for Appellant :- Dinesh Upadhyay Counsel for Respondent :- G.A. Hon'ble Subhash Chandra Sharma,J. Heard learned counsel for the appellant as well as learned A.G.A. for the State and perused the material on record. The present criminal appeal has been filed with prayer to set aside the order dated 02.04.2009 passed by learned court below in Criminal Misc. Case No.18 of 2009, under Section 446 Cr.P.C. in case of (State vs. Raj Bahadur Tiwari and another) arising out of S.T. No.119 of 2004. It is submitted by learned counsel for the appellant no.2 Devi Prasad Tiwari that in this case appellant no.1 Raj Bahadur Tiwari was arrested in pursuance to the N.B.w. issued by this Court and sent to jail. Thereafter, this Court passed the order dated 17.12.2023 while reducing the amount of surety bonds to Rs.3000/-, therefore, requests to reduce the amount of surety bonds of the present appellant also to the amount of Rs.3000/-. It is also submitted that in this case the accused on whose behalf appellant stood as surety has already been acquitted. Learned A.G.A. has no objection in this regard. Considering the facts and circumstances of the case, submissions made by learned counsel for the appellant as well as learned A.G.A., perusal of record and the order passed by this Court dated 17.12.2013, this Court is of the opinion that the amount of surety bonds is reduced to the extent of Rs.3000/-. Accordingly, this criminal appeal is partly allowed. Order Date :- 10.2.2025 Ashok Gupta Digitally signed by :- ASHOK KUMAR GUPTA High Court of Judicature at Allahabad, Lucknow Bench