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2025 DAILYLAW 159313 (ALL)

GOLU TIWARI @ HARIBHUSHAN TIWARI v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. LKO.

BAIL/7906/2025 · 2025-08-25

Subhash Vidyarthi

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 7906 of 2025 Court No. - 13 HON'BLE SUBHASH VIDYARTHI, J. 1. Heard Sri Ramakar Shukla, learned counsel for the applicant, Sri Virendra Kumar, learned Additional Government Advocate for the State and Sri Nishant Srivastava, Advocate who has put in appearance on behalf of the informant and filed his vakalatnama, which is taken on record. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 318 of 2025, under Sections 109, 352, 351(3) B.N.S. and Section 3/25 Arms Act, registered at Police Station Kotwali Dehat, District Gonda. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 13.07.2025 against the applicant and one Maheshwari Tiwari stating that the accused persons had chased the informant with motorcycle and had fired at the informant and his uncle but they entered the house of informant's uncle and shut the door from inside. 4. In the affidavit filed in support of bail application it has been stated that the applicant is a young man aged 21 years, he is innocent, he has been falsely implicated in the present case and he has no criminal history. It has also been submitted on behalf of the applicant that the co-accused Maheshwari Prasad Tiwari has filed Criminal Misc. Writ Petition No.6872 of 2025 and by means of an interim order passed by a Division Bench of this court on 30.07.2025 his arrest has been stayed. 5. The learned Additional Government Advocate appearing on behalf of the State has opposed the prayer for bail and he has submitted that the investigation in the matter is still going on. The learned counsel for the complainant has also opposed the prayer for bail. 6. Having considered the aforesaid facts and circumstances of the case and Versus Counsel for Applicant(s) : Abhishek Kumar, Ramakar Shukla Counsel for Opposite Party(s) : G.A. Golu Tiwari @ Haribhushan Tiwari .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. .....Opposite Party(s) keeping in view the fact that no person has suffered any injury in the incident; that the Division Bench of this court has stayed arrest of co- accused person coupled with the fact that the applicant is a young man aged 21 years having no previous criminal history and he is languishing in jail since 14.07.2025 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. 7. Accordingly, this bail application stands allowed. 8. Let the applicant-Golu Tiwari @ Haribhushan 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. August 25, 2025 Ram. BAIL No. 7906 of 2025 2 (Subhash Vidyarthi,J.) Digitally signed by :- RAM SINGH High Court of Judicature at Allahabad, Lucknow Bench