ABHISHEK TIWARI @ ABHISHEK TRIPATHI v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. GOVT. OF U.P.
/11974/2025 · 2025-12-02
body2025
DailyLaw.ai
[ 2025 DAILYLAW 178034 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 178034 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 11974 of 2025 Court No. - 15 HON'BLE KARUNESH SINGH PAWAR, J. Heard learned counsel for the accused-applicant as well as learned A.G.A. for the State and perused the record. Supplementary affidavit filed by learned counsel for the applicant is taken on record. Learned counsel for the accused-applicant, while pressing the present bail application, submits that he has been falsely implicated in this case as well as in the sole case shown in the gang chart, in which he has already been granted bail. A copy of the said bail order has been filed as Annexure-3 to the bail application. Apart from the sole case reflected in the gang chart, there are two other pending cases against the applicant. In Crime No. 206/2023, P.S. Behta Mujawar, District Unnao, the applicant has been granted bail, copy of which is on record as Annexure-4 to the bail application; and in Crime No. 155/2021, P.S. Behta Mujawar, District Unnao, a final report has been submitted, a copy whereof has been placed on record as Annexure SA-1 to the supplementary affidavit. It has been further submitted that applicant is in jail since 04.09.2025 and if facility of bail is granted, there is no apprehension that he will flee from the judicial process and he will abide by the orders passed by the Court below and will co-operate in speedy trial of the case. Learned A.G.A. has opposed the prayer for bail but has not disputed the Versus Counsel for Applicant(s) : Sagar Singh, Shri Ram Maurya Counsel for Opposite Party(s) : G.A. Abhishek Tiwari @ Abhishek Tripathi .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko. Govt. Of U.P. .....Opposite Party(s)
factual submissions made by the learned counsel for the accused-applicant. On due consideration to the fact that in the solitary case mentioned in the gang chart, he has been enlarged on bail; in one of the remaining two cases a final report has been filed and in the other he is on bail; and having regard to the period of incarceration since 04.09.2025, this Court finds it appropriate to enlarge the applicant on bail. Accordingly, the bail application is allowed.
Let the applicant, Abhishek Tiwari @ Abhishek Tripathi, involved in Case Crime No. 149/2025, under Sections 3(1) of U.P. Gangster and Anti Social Activities (Prevention) Act, 1986, Police Station - Behata Muzawar, District - Unnao, be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions which are being imposed in the interest of justice:- (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. (iv) The applicant shall submit an undertaking on affidavit in terms of Section 19 (4) of the U.P. Gangster and Anti Social Activities (Prevention) Act, 1986 that he will not indulge in any case for or misuse the liberty of bail. Any other condition(s) which the trial court/concerned court may deem fit and proper, in the circumstances of the case, may also be imposed. It is clarified that the observations made in this order are confined to the present bail application and shall have no bearing on the merits of the trial. December 2, 2025/R.C.
BAIL No. 11974 of 2025 2 (Karunesh Singh Pawar,J.) Digitally signed by :- RAM CHANDER YADAV High Court of Judicature at Allahabad, Lucknow Bench