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2025 DAILYLAW 48514 (ALL)

ARUN KUMAR TIWARI ALIAS RAJU v. STATE OF U.P. AND ANOTHER

CRLA/3784/2025 · 2025-04-27

Nalin Kumar Srivastava

Criminal Appealbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Neutral Citation No. - 2025:AHC:65604 Court No. - 80 Case :- CRIMINAL APPEAL No. - 3784 of 2025 Appellant :- Arun Kumar Tiwari Alias Raju Respondent :- State of U.P. and Another Counsel for Appellant :- Hari Om Gupta Counsel for Respondent :- G.A. Hon'ble Nalin Kumar Srivastava,J. 1. Heard learned counsel for the appellant, learned counsel for the informant, learned A.G.A. for the State and perused the material available on record. Counter affidavit filed by respondent no.2 is taken on record. 2. This criminal appeal under Section 14-A (2) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act has been preferred by the appellant - Arun Kumar Tiwari Alias Raju with the prayer to set aside the bail rejection order dated 9.4.2025 passed by the learned Special Judge (SC/ST Act)/ Additional Sessions Judge, Ballia in Bail Application No.687 of 2015 arising out of Case Crime No. 150 of 2024 under Sections 419, 420, 323, 504, 506 I.P.C. & Section 3(1)(dha), 3(2)(Va) SC/ST Act, Police Station - Haldi, District- Ballia. 3. It is submitted by both the parties that the matter between them have settled now no money is due to be paid by the appellant. Since the appellant has already returned entire amount which he has received, as such the opposite party no.2 has no objection in case the applicant is released on bail in the present case. 4. I have considered the rival submissions made by the learned counsel for the parties and have gone through the entire record including the impugned order carefully. 5. Having regard to the facts and circumstances of the case and keeping in view the nature of the offence, evidence, complicity of the accused, severity of punishment, the Court is of the opinion that the appellant has made out a case for bail. The trial Court erred in rejecting the bail application. The impugned order suffers from infirmity and illegality and the same is liable to be set-aside and the appeal is to be allowed. 6. Accordingly, the appeal is allowed and the impugned order rejecting the bail application of the appellant is, hereby, set-aside. 7. Let the above named appellant involved in the aforesaid crime be released on bail on furnishing a personal bond and two heavy sureties each in the like amount to the satisfaction of the court concerned subject to following conditions. Further, before issuing the release order, the sureties be verified. (i) The appellant will not tamper with the evidence during the trial. (ii) The appellant will not pressurize/ intimidate the prosecution witness. (iii) The appellant will appear before the trial court on the date fixed, unless personal presence is exempted. (iv) The appellant shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected. (v) The appellant 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. 8. In case of breach of any of the above conditions, the prosecution shall be at liberty to move bail cancellation application before this Court. Order Date :- 28.4.2025 Fhd Digitally signed by :- FAHAD NIYAZ High Court of Judicature at Allahabad