Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:93614 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 15845 of 2025 Applicant :- Sajan Tiwari Opposite Party :- State of U.P. Counsel for Applicant :- Devendra Yadav Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J. Supplementary affidavit filed in the Court today is taken on record. Heard Shri Devendra Yadav, learned counsel for the applicant, Sri Anil Kumar Singh, learned AGA for the State-respondents and perused the record. This bail application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 has been moved on behalf of accused- applicant, Sajan Tiwari, seeking enlargement on bail in Case Crime No. 322 of 2024, under Sections 307/34 of I.P.C. and Section 3/25 of Arms Act, Police Station- Jahanaganj, District- Azamgarjh.
Learned counsel for the applicant argued that the accused- applicant is innocent. He has been falsely implicated in this very case crime number and is languishing in jail since 29.06.2024.
Learned counsel for the applicant submits that it is a no injury case as no police personnel has received any injury. Nothing incriminating has been recovered from possession of the applicant. Recovery of one country made pistol, live cartridge has been shown from possession of the applicant which is totally false and planted. He has criminal antecedent of two cases and the same are duly explained and there is no likelihood of his fleeing from course of justice or tampering with evidence in case of release on bail. Hence, bail has been prayed for. Learned AGA has vehemently opposed the prayer for bail. Considering all above facts and circumstances, the nature of accusations, severity of the punishment in the case of conviction and nature of supporting evidence, reasonable apprehension of tampering with the witness and prima facie case, but without
commenting on merit of case, a case for bail is made out. Accordingly, the bail application is allowed. Let the accused-applicant, Sajan Tiwari, involved in above mentioned case crime number be released on bail, on his executing a personal bond and two reliable sureties each, in the like amount to the satisfaction of the court concerned, subject to the following conditions:
1. The applicant will not tamper with the evidence.
2. The applicant will not indulge in any criminal activity.
3. The applicant will not pressurize/intimidate the prosecution witnesses and co-operate in the trial.
4. The applicant will appear regularly on each and every date fixed by the trial court, unless his personal appearance is exempted through counsel by the court concerned. In the event of breach of any of the aforesaid conditions, the court below will be at liberty to proceed to cancel his bail.
Order Date :- 30.5.2025 Anjali Digitally signed by :- ANJALI SHARMA High Court of Judicature at Allahabad