SANJAY TIWARI @ SANJAY KUMAR TIWARI v. STATE OF U.P. THRU. ADDL. CHIEF SECY. HOME LKO. AND ANOTHER
ABAIL/1092/2025 · 2025-09-25
Subhash Vidyarthi
body2025
DailyLaw.ai
[ 2025 DAILYLAW 167338 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 167338 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 1092 of 2025 Court No. - 13 HON'BLE SUBHASH VIDYARTHI, J.
1. Heard Ms. Deepti Singh, learned counsel for the applicant, Sri S.P. Singh, learned A.G.A. appearing on behalf of the State and perused the record. 2. The instant application has been filed by the applicant seeking anticipatory bail in F.I.R. bearing Case Crime No.357/2015, under Sections- 147, 148, 149, 307, 323, 332, 353, 188, 504, 506 I.P.C and Section 7 of CLA Act., registered at Police Station- Jethwara, District- Pratapgarh. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 11.11.2015 against the 12 named accused persons including the applicant and 10 unnamed persons, stating that upon receipt of information about gun-shot being fired amongst two group of persons, the police party reached at the spot, whereupon, both the parties attacked the police party and fired shots towards them. Two live cartridges and two empty cartridges were recovered from the spot. 4. In the affidavit filed in support of the anticipatory bail application, it has been stated that the applicant is innocent, he has been falsely implicated in the present case. Involvement of applicant in one another case related to the year 1996 under Section 25 of Arms Act has been Versus Counsel for Applicant(s) : Ishan Baghel, Deepti Singh, Shekhar Singh Counsel for Opposite Party(s) : G.A. Sanjay Tiwari @ Sanjay Kumar Tiwari .....Applicant(s) State Of U.P. Thru. Addl. Chief Secy. Home Lko. And Another .....Opposite Party(s)
disclosed in the paragraph no.22 of the affidavit, wherein he was released on bail in the year 2010. 5. A co-accused- Ravindra Singh @ Ravindra Pratap Singh has already been granted anticipatory bail by means of an order dated 08.09.2025 passed by this Court in Criminal Misc. Anticipatory Bail Application U/S 482 BNSS No.2269/2025. 6. The learned AGA has vehemently opposed the prayer of bail and has submitted that the charge sheet has been filed in the year 2017. 7.
Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that in the FIR, similar allegations have been leveled against the accused persons and the co-accused has already been granted bail, I am of the view that the aforesaid facts are sufficient for making out a case for granting anticipatory bail to the applicant. 8. In view of the above, the anticipatory bail application of the applicant is allowed. In the event of arrest/ appearance of applicant- Sanjay Tiwari @ Sanjay Kumar Tiwari before the learned Trial Court in the aforesaid case crime, he they shall be released on bail on furnishing personal bond and two solvent sureties, each in the like amount, to the satisfaction of 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 themselves 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 ABAIL No. 1092 of 2025 2
(v). that the applicant shall not pressurize/ intimidate the prosecution witness. September 25, 2025 V. Sinha ABAIL No. 1092 of 2025 3 (Subhash Vidyarthi,J.) Digitally signed by :- VAISHALI SINHA High Court of Judicature at Allahabad, Lucknow Bench