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2025 DAILYLAW 167004 (ALL)

VIVEK TIWARI v. STATE OF U.P. THRU. PRIN. SECY. HOME AND ANOTHER

NABAIL/1369/2025 · 2025-09-24

Subhash Vidyarthi

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 1369 of 2025 Court No. - 13 HON'BLE SUBHASH VIDYARTHI, J. 1. Heard Sri Vijay Kumar, the learned counsel for the applicant as well as Sri Virendra Kumar, the learned Additional Government Advocate-I appearing on behalf of the State and perused the records. 2. The instant application has been filed by the applicant seeking anticipatory bail in F.I.R. bearing Case Crime No.257 of 2025, under Sections 191(2), 191(3), 190, 109, 352, 351(2), 61(2) B.N.S., registered at Police Station Kotwali Nagar, District Pratapgarh. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 11.06.2025 against seven persons including the applicant stating that all the accused persons assaulted the informant's brother who suffered a gun shot injury. Another person Pratik Pandey also suffered a gun shot injury. 4. In the affidavit filed in support of the anticipatory bail-application it has been contended that the applicant is innocent, he has no criminal history and he has falsely been implicated in the present case. It has also been submitted on behalf of the applicant that co-accused Abhishek Singh has already been granted anticipatory bail by a coordinate Bench of this Court by means of an order dated 3.07.2025, passed in Criminal Misc. Anticipatory Bail Application No.927 of 2025. 5. The learned A.G.A.-I has opposed the prayer for bail but he could not dispute the fact that the role assigned to the applicant is similar to Versus Counsel for Applicant(s) : Vijay Kumar, Pt. S. Chandra, Ravi Kant Mishra Counsel for Opposite Party(s): G.A. Vivek Tiwari .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home And Another .....Opposite Party(s) that assigned to the co-accused Abhishek Singh, who has already been granted anticipatory bail by a coordinate Bench of this Court. 6. Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the applicant has no criminal history and without making any observations which may affect the outcome of the case, I am of the view that the aforesaid facts are sufficient for making out a case for granting anticipatory bail to the applicant on the ground of parity. 7. In view of the above, the anticipatory bail application of the applicant is allowed. In the event of arrest/ appearance of applicant- Vivek Tiwari before the learned Trial Court in the aforesaid case crime, he shall be released on bail on his furnishing personal bond and two solvent sureties, each in the like amount, to the satisfaction of S.H.O./Court concerned on the following conditions and subject to any other conditions that may be fixed by the Trial Court: (i). that the applicant shall make himself available for interrogation by a police officer as and when required; (ii) that 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; (iii) that the applicant shall not leave India without the previous permission of the court' (iv) that the applicant shall appear before the trial court on each date fixed, unless personal presence is exempted; and (v). that the applicant shall not pressurize/ intimidate the prosecution witness. September 24, 2025 Ram. NABAIL No. 1369 of 2025 2 (Subhash Vidyarthi,J.) Digitally signed by :- RAM SINGH High Court of Judicature at Allahabad, Lucknow Bench