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2025 DAILYLAW 191309 (ALL)

ANIL KUMAR TIWARI v. STATE OF U.P.

BAIL/36486/2025 · 2025-10-16

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 36486 of 2025 Court No. - 69 HON'BLE ARUN KUMAR SINGH DESHWAL, J. 1. Heard Sri Bhupendra Kumar Pandey, learned counsel for the applicant, Sri Rajnish Tiwari, learned counsel for the first informant and learned A.G.A. for the State. 2. Instant bail application has been filed with a prayer to release the applicant on bail during the trial in Case Crime No.84 of 2020, under Sections 147, 308, 323, 504, 506, 325 IPC , Police Station- Koraon, District Prayagraj. 3. Contention of learned counsel for the applicant is that in the FIR as well as in the statement of injured, general allegations have been made against all the accused persons including the applicant and both sides have received injuries in a dispute over the property. It is further submitted that co-accused Manish Tiwari, Arun Kumar Tiwari, Chhota @ Pradeep Tiwari, Rammurat Tiwari and Praveen Tiwari, Lavlesh Tiwari @ Lokesh Tiwari and Ashwani Kumar Tiwari having similar role to that of the applicant have been enlarged on bail by a co-ordinate Bench of this Court in Criminal Misc. Bail Application No.18627 of 2023 vide order dated 22.05.2023, 31573 of 2024 vide order dated 03.09.2024, 31599 of 2024 vide order dated 03.09.2024, 31723 of 2024 vide order dated 03.09.2024 and 612 of 2025 vide order dated 11.02.2025. Therefore, the applicant is entitled to the released on bail on the ground of parity. He further argued that charge sheet has been filed by the police, therefore, there is no requirement for custodial interrogation. The applicant is languishing in jail since 09.09.2025. In case, he is granted bail, he will not misuse Versus Counsel for Applicant(s) : Akhilesh Kumar Tiwari, Bhupendra Kumar Pandey Counsel for Opposite Party(s) : G.A. Anil Kumar Tiwari .....Applicant(s) State of U.P. .....Opposite Party(s) the liberty of bail and would cooperate in the trial proceedings. 4. On the other hand, learned counsel for the first informant as well as learned A.G.A. for the State opposed the prayer for bail and submitted that all the injuries serious in nature but could not dispute the fact that co-accused having similar role to that of the applicant have been released on bail. 5. Thus, considering the entire facts and circumstances of the case, submissions of learned counsel for the parties and taking into account of the fact that no specific role has been assigned to the applicant; similarly situated co-accused persons have been enlarged on bail; both sides have received injury in the dispute over the property and keeping in view the nature of offence, evidence, complicity of accused and without expressing any opinion on the merits of the case, I am of the opinion that the applicant is entitled to be enlarged on bail. 6. Let the applicant- Anil Kumar Tiwari involved in the aforementioned crime 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:- i. 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. ii. The applicant shall cooperate in the trial/investigation sincerely without seeking any adjournment. iii. The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail. iv. The applicant shall attend in accordance with the conditions of the bond executed by him. 7. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. 8. Identity, status and residence proof of the applicant and sureties be BAIL No. 36486 of 2025 2 verified by the court concerned before the bonds are accepted. 9. It is made clear that the applicant shall be released on the basis of computer generated copy of this order, downloaded from the official website of High Court Allahabad and verified by the concerned counsel with the undertaking that the certified copy will be filed within 15 days. 10. It is further directed that the trial court shall send the release order to the concerned jail through Bail Order Management System (BOMS) to ensure early release of the applicant. October 17, 2025 S.C. BAIL No. 36486 of 2025 3 (Arun Kumar Singh Deshwal,J.) Digitally signed by :- SHUBHAM CHAURASIA High Court of Judicature at Allahabad