Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 19893 of 2025 Court No. - 66 HON'BLE ASHUTOSH SRIVASTAVA, J. Heard Ms. Pratiksha Rai, learned counsel for the applicants, Shri Ajay Kumar Singh, learned AGA for the State, Shri Balram Mishra, learned counsel for the first informant and perused the record. This bail application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 has been moved on behalf of accused-applicants, Ratnesh Tiwari and Ashok Tiwari, seeking enlargement on bail in Case Crime No. 64 of 2025, under Sections 115 (2), 352, 351 (3), 110, 326 (g), 131, 191 (2), 190, 125, 105, 117 (2) of the Bharatiya Nyaya Sanhita, 2023, Police Station Mahuli, District Sant Kabir Nagar, during the pendency of the trial before the Court below. Learned counsel for the applicants argued that the accused-applicants are innocent. They have been falsely implicated in this very case crime number and are languishing in jail since 16.3.2025. Learned counsel for the applicants submits that general allegations have been levelled against the applicants. No specific role has been assigned to the applicants. They 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. Hence, bail has been prayed for. Learned AGA has vehemently opposed the prayer for bail, but could not dispute the aforesaid facts. Shri Balram Mishra, learned counsel for the first informant has also Versus Counsel for Applicant(s) : Girja Shanker Mishra, Pratiksha Rai Counsel for Opposite Party(s) : Balram Mishra, G.A. Ratnesh Tiwari And Another .....Applicant(s) State of U.P. .....Opposite Party(s)
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-applicants, Ratnesh Tiwari and Ashok Tiwari, involved in above mentioned case crime number be released on bail, on their 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 applicants will not tamper with the evidence. 2. The applicants will not indulge in any criminal activity. 3.
The applicants will not pressurize/intimidate the prosecution witnesses and co-operate in the trial. 4. The applicants 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. In the event of breach of any of the aforesaid conditions, the court below will be at liberty to proceed to cancel their bail. September 23, 2025 Ravi Prakash BAIL No. 19893 of 2025 2 (Ashutosh Srivastava,J.) Digitally signed by :- RAVI PRAKASH High Court of Judicature at Allahabad