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2025 DAILYLAW 51390 (ALL)

VIJAY TIWARI v. STATE OF U.P.

BAIL/14603/2025 · 2025-05-07

Sameer Jain

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:75201 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 14603 of 2025 Applicant :- Vijay Tiwari Opposite Party :- State of U.P. Counsel for Applicant :- Akhilesh Srivastava,Krishna Kant Mishra,Vivek Shukla Counsel for Opposite Party :- Radha Mohan Pandey,Ramagya Shukla Hon'ble Sameer Jain,J. 1. Heard Sri Yasharth Srivastava, Advocate holding brief of Sri Akhilesh Srivastava, learned counsel for the applicant, Sri Radha Mohan Pandey, learned counsel for the informant and Sri Vijay Kumar, learned AGA-I, for the State. 2. The instant bail application has been filed on behalf of the applicant with the prayer to release him on bail in Case Crime No.200 of 2024, under Section 103(1) BNS, Police Station Vindhyachal, District Mirzapur during pendency of the trial. 3. Learned counsel for the applicant submits that on the basis of false allegation applicant has been made accused in the present case along with others including co-accused Ramashankar Saroj and after considering entire facts in detail co-accused Ramashankar Saroj has been released on bail by Coordinate Bench of this Court vide order dated 10.4.2025 passed in Criminal Misc.Bail Application No. 7928 of 2025 and on facts case of applicant is exactly at par with him. 4. He further submits that however apart from the present case applicant is having criminal history of one another case but his criminal antecedent has been explained in the instant bail application and even that case relates to minor offence and in the present matter applicant is in jail since 13.10.2024, i.e., for the last more than six months. 5. Per contra, learned AGA as well as learned counsel for the informant however opposed the prayer for bail but could not dispute the fact that co-accused Ramashankar Saroj has been released on bail by Coordinate Bench of this Court and on facts the case of applicant is at par with him. 6. I have heard learned counsel for the parties and perused the record of the case. 7. Considering the argument advanced by the learned counsel for the parties and the fact that co-accused Ramashankar Saroj has been released on bail by Coordinate Bench of this Court and on facts case of applicant is exactly at par with him and criminal history of solitary case of the applicant has been explained in the instant bail application and in the present matter applicant is in jail since 13.10.2024, i.e., for the last more than six months, 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-Vijay 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 :- 8.5.2025 Ankita Digitally signed by :- ANKITA SRIVASTAVA High Court of Judicature at Allahabad