Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:66381
Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 5446 of 2025 Applicant :- Govind Tiwari Opposite Party :- State of U.P. and Another Counsel for Applicant :- Anup Kumar Khare Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J.
1. Heard Sri Anup Kumar Khare, learned counsel for the applicant and Sri Vijay Bahadur Maurya, learned AGA for the State. 2. The instant bail application has been filed seeking release of the applicant on bail in Case Crime No. 799 of 2024, under Sections 111, 341(2), 318(4) B.N.S. and Section 3/7 Essential Commodities Act, Police Station Kotwali Orai, District Jalaun during pendency of the trial. 3. Learned counsel for the applicant submits, on the basis of false allegation, applicant has been made accused in the present matter along with eleven others including co-accused Akash, Julfiqar, Dharmendra Kushwaha and Vikash Chaturvedi and after considering the entire facts of the case in detail, all the four co- accused have been released on bail by this Court vide orders dated 04.03.2025, 24.04.2025, 06.03.2025 and 28.04.2025 passed in Criminal Misc. Bail Application Nos. 2082 of 2025, 3040 of 2025, 7914 of 2025 and 5035 of 2025 respectively and on facts, case of applicant is at par with them. 4. He further submits, applicant is not having any criminal history and in the present matter he is in jail since 01.12.2024. 5. Per contra, learned AGA opposed the prayer for bail but could not dispute the argument on facts advanced by learned counsel for the applicant. 6. I have heard learned counsel for the parties and perused the record of the case. 7. Considering the argument advanced by learned counsel for the
applicant and the fact that similarly placed four co-accused Akash, Julfiqar, Dharmendra Kushwaha and Vikash Chaturvedi have already been released on bail by this Court and applicant is not having any criminal history and in the present matter he is in jail since 01.12.2024, in my view, applicant is entitled to be released on bail. 8. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 9.
Let the applicant - Govind 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 the court concerned with the following conditions:- (i) The applicant shall appear before the trial court on the dates fixed, unless his personal presence is exempted. (ii) The applicant shall not directly or indirectly, make 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 any police officer or tamper with the evidence. (iii) The applicant shall not indulge in any criminal and anti-social activity. 10. In case of breach of any of the above condition, the prosecution will be at liberty to move an application before this Court for cancellation of the bail of the applicant. 11. It is clarified that the observations made herein are limited to the facts brought in by the parties pertaining to the disposal of bail application and the said observations shall have no bearing on the merits of the case during trial. Order Date :- 29.4.2025 AK Pandey Digitally signed by :- ANUPAM KUMAR PANDEY High Court of Judicature at Allahabad