SHEETLA PRASAD TIWARI v. STATE OF U.P. THRU. ADDL. CHIEF SECY. DEPTT. OF HOME LKO
BAIL/11720/2025 · 2025-12-05
Pankaj Bhatia
body2025
DailyLaw.ai
[ 2025 DAILYLAW 187118 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 187118 (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. - 11720 of 2025 Court No. - 12 HON'BLE PANKAJ BHATIA, J.
1. Heard learned counsel for the applicant, learned AGA and perused the record.
2. The applicant seeks enlargement on bail in FIR No. 213 of 2018, under sections 352, 323, 452, 308, 504, 304 IPC, P.S. Jethwara, District Pratapgarh.
3. Learned counsel for the applicant argues that the incident is of the year 2018 and two co accused Mohit Tiwari and Rohit Tiwari having similar allegations have been enlarged on bail by this Court vide orders dated 25.2.2020 and 8.12.2022 passed in Bail No. 9434 of 2019 and Criminal Misc Bail Application No. 8275 of 2022 respectively.
4. Learned AGA has opposed the bail application.
5. Considering the fact that the applicant is aged about 65 years and surrendered as no notice was served upon him in the year 2025 and the fact recorded in bail order of the co accused that the trial is going on since 2018 and only 1 prosecution witness has been examined, however, without commenting upon the merits of the case, the applicant who is in jail since 17.6.2025 and has explained his criminal history is entitled to be enlarged on bail. In view thereof, the application is allowed.
6. Let the applicant Sheetla Prasad Tiwari be released on bail in aforesaid FIR number on his furnishing a personal bond with two sureties Versus Counsel for Applicant(s) : P.K. Singh Bisen, Pallavi Mishra Counsel for Opposite Party(s) : G.A. Sheetla Prasad Tiwari .....Applicant(s) State Of U.P. Thru. Addl. Chief Secy. Deptt. Of Home Lko .....Opposite Party(s)
of Rs.20,000/- each to the satisfaction of court concerned with the following conditions: (a) The applicant shall execute a bond to undertake to attend the hearings; (b) The applicant shall not commit any offence similar to the offence of which he is accused or suspected of the commission; and (c) 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. December 5, 2025 J. K. Dinkar BAIL No. 11720 of 2025 2 (Pankaj Bhatia,J.) Digitally signed by :- JESHU KUMAR DINKAR High Court of Judicature at Allahabad, Lucknow Bench