Neutral Citation No. - 2025:AHC:20012 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 612 of 2025 Applicant :- Praveen Tiwari And 2 Others Opposite Party :- State of U.P. Counsel for Applicant :- Bhupendra Kumar Pandey,Pradeep Kumar Sahu Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J. 1. Heard Sri B. K. Pandey, learned counsel for the applicant and Sri Yagvalkya Pandey, learned A.G.A. for the State-Respondents and perused the record. 2. The instant bail application under Section 389 Cr.P.C. has been moved on behalf of accused-applicants, Praveen Tiwari, Lavlesh Tiwari @ Lokesh Tiwari and Ashwani Kumar Tiwari, seeking enlargement on parole in Case Crime No. 84 of 2020, under Sections 147, 308, 323, 504, 506, 325 I.P.C., Police Station Koraon, District Prayagraj. 3. Vide order dated 17.01.2025 the applicants were granted short term bail (parole) w.e.f. 18.01.2025 to 06.02.2025 to participate in the marriage ceremony of Mr. Pradeep Tiwari, who is the son of Applicant No. 3, brother of Applicant No. 1 and nephew of Applicant No. 2. After the completion of parole period, the applicants surrendered before the Chief Judicial Magistrate on 07.02.2025 in compliance of the order dated 17.01.2025. 4. Learned Counsel for the applicants argued that the accused- applicants are innocent and they have been falsely implicated in this case crime number. He further submits that the applicants have been falsely implicated due to pending civil dispute regarding partition of property. In the present case, persons of both sides have sustained injury. In the FIR only general allegations have been levelled against the applicants and no specific role has been assigned to the applicants. He further submits that no credible evidence has been collected by the Investigating Officer against the applicants. There is no independent witness of the aforesaid crime. The applicants are languishing in jail since 17.12.2024. It is further submitted that on the similar footing the co-accused Ram Murat Tiwari, Chhota @ Pradeep Tiwari and Arun Kumar Tiwari have already been granted bail by this Court vide order dated 03.09.2024 passed in Criminal Misc. Bail Application No. 31723 of 2024, 31599 of 2024 and 31573 of 2024, therefore, applicants are also entitled to be released on bail. The applicants have no criminal antecedent and there is no likelihood of their fleeing from course of justice or tampering with evidence in case of release on bail. 5. Sri Yagvalkya Pandey, learned A.G.A. have vehemently opposed the bail but could not dispute the aforesaid facts. 6. 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. 7. Accordingly, the bail application is allowed. 8. At this stage, learned counsel for the applicants submits that a direction may kindly be issued to the court below to release the applicants on furnishing personal bonds and sureties already furnished by them at the time of granting short term bail. 9. Considering the aforesaid submissions of learned counsel for the applicants, let the accused-applicants, Praveen Tiwari, Lavlesh Tiwari @ Lokesh Tiwari and Ashwani Kumar Tiwari, involved in above mentioned case crime number be released on bail, on their executing a personal bond to the satisfaction of the court concerned, subject to the below mentioned conditions. The court concerned is also directed that sureties already furnished by the applicants at the time of granting short term bail, may be revived for the purpose of acceptance of bail bonds. a. The applicants will not tamper with the evidence. b. The applicants will not indulge in any criminal activity. c. The applicants will not pressurize/intimidate the prosecution witnesses and co-operate in the trial. d. The applicant will appear regularly on each and every date fixed by the trial court, unless their personal appearance are exempted through counsel by the court concerned. 10. In the event of breach of any of the aforesaid conditions, the court below will be at liberty to proceed to cancel their bail. Order Date :- 11.2.2025 pks Digitally signed by :- PAWAN KUMAR SINGH High Court of Judicature at Allahabad