RAHUL @ MONU TIWARI v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO
BAIL/8888/2024 · 2025-05-12
Subhash Vidyarthi
body2025
DailyLaw.ai
[ 2025 DAILYLAW 153747 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 153747 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:27658 Court No. - 15 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 8888 of 2024 Applicant :- Rahul @ Monu Tiwari Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko Counsel for Applicant :- Ajeet Kumar Singh,Hemant Tripathi,Manish Singh Chauhan,Nadeem Murtaza,Rishi Raj Mishra,Snigdha Singh Counsel for Opposite Party :- G.A.,Ajay Kumar Shukla,Nisha Devi,Parth Srivastava Hon'ble Subhash Vidyarthi,J.
1. Heard Sri Manish Singh Chauhan, the learned counsel for the applicant, Sri Jayant Singh Tomar, learned Additional Government Advocate-I for the State, Sri Sheo Prakash Singh, the learned counsel for the informant and perused the records. 2. This is the third application seeking release of the applicant on bail in Case Crime No. 406 of 2020, under Sections 147, 148, 149, 307, 302, 120-B, 188 I.P.C. and Section 27/30 Arms Act, registered at Police Station Kotwali City, District Pratapgarh. The first Criminal Misc. Bail Application No.9559 of 2020 was allowed by means of the order dated 17.12.2020. However, the order dated 17.12.2020 was set aside3 by the Hon 'ble Supreme Court by means of an order dated 11.12.2021, passed in Criminal Appeal No.1554 of 2021. Thereafter, the applicant has filed the second Criminal Misc. Bail Application No.9376 of 2022, which was rejected by means of an order dated 01.11.2023. 3. The third bail application has been filed by the applicant
on the ground that out of 45 prosecution witnesses, 12 witnesses have already been examined and they include all the witnesses of fact. A total of 13 persons are accused in the present case and all the other accused persons have already been granted bail including the main accused namely Anjani Shukla @ Radhey. 4. The learned Additional Government Advocate appearing on behalf of the State and the learned counsel for the informant have opposed the prayer for bail but he could not dispute the aforesaid aspects of the matter. 5.
Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that all the accused persons have already been enlarged on bail an all the witnesses of fact have already been examined and in case of his release the applicant will not be in a position to influence the witnesses and keeping in view the fact that the applicant has no previous criminal history and he is languishing in jail since 27.01.2022 and without making any observation, which may affect the merits 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 crime.
6. Accordingly, this bail application stands allowed.
7. Let the applicant-Rahul @ Monu Tiwari be released on bail in the aforesaid 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, unless his appearance is exempted by the learned trial court. (Subhash Vidyarthi, J.)
Order Date :- 12.5.2025 Ram. Digitally signed by :- RAM SINGH High Court of Judicature at Allahabad, Lucknow Bench