Allahabad High Court
Mithilesh Tiwari And Another vs State Of U.P. on 20 January, 2021
Author: Neeraj Tiwari
Bench: Neeraj Tiwari
HIGH COURT OF JUDICATURE AT ALLAHABAD ?sCourt No. - 69 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 47233 of 2020 Applicant :- Mithilesh Tiwari And Another Opposite Party :- State of U.P. Counsel for Applicant :- Birendra Prasad Maurya,Manisha Singh Counsel for Opposite Party :- G.A.,Shiv Naresh Hon'ble Neeraj Tiwari,J.
Heard learned counsel for the applicant, Sri Shiv Naresh, learned counsel for the informant, Sri Ajay Kumar Pathak, brief holder for the State and perused the material placed on record.
It is submitted by the learned counsel for the applicant that present application has been filed on behalf of father-in-law and mother-in-law of the deceased and they have been falsely implicated in the present case. It is next submitted that whole prosecution story is concocted. In fact, on the date of incident, applicant alongwith his son was not present at Bhadohi as he was working in Gujarat and his son was also appearing in B.A. examination. This fact may be verified to the page 76 of the paper book filed alongwith bail application. After receiving information, applicant no.1 alongwith his son immediately booked ticket on 1.10.2020 and thereafter, reached his house. It is further submitted that, in fact, main accused in the present matter is father of the deceased. It is also submitted that deceased was having Facebook account in which she has written so much adverse against her mother and father. She further stated that she hate her father and also alleged in Facebook message that her mother grabbed her money and jewelery. Applicants are having no criminal history. They are languishing in jail since 11.10.2020 and in case they are released on bail, they will not misuse the liberty of bail and will cooperate in trial.
Learned A.G.A. has opposed the prayer for bail, but could not dispute the aforesaid facts.
Considering the facts and circumstances of the case and also perusing the material on record, without expressing any opinion on the merit of the case, let the applicants Mithilesh Tiwari & Meera Devi, involved in Case Crime No. 241 of 2020, under Sections- 304-B, 498-A IPC and Section 3/4 D.P. Act, Police Station- Aurai, District- Bhadohi be released on their furnishing a personal bond and two local sureties each of the like amount to the satisfaction of court concerned. It is further provided that this bail order available on the official website of the High Court will be taken to be the authentic one and certified copy shall be submitted before that court concerned as soon as it is issued.
This bail order would be subject to the fulfilment of following conditions:-
1. The applicants shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.
2. The applicants shall cooperate in the trial sincerely without seeking any adjournment.
3. The applicants shall not indulge in any criminal activity or commission of any crime after being released on bail.
4. The applicants shall remain present before the trial court on each date fixed, either personally or through their counsel. In case of their absence, without sufficient cause, the trial court may proceed against them under Section 229-A of the Indian Penal Code;
5. In case, the applicants misuse the liberty of bail and in order to secure their presence proclamation under Section 82 Cr.P.C. are issued and the applicants fail to appear before the Court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against them, in accordance with law, under Section 174-A of the Indian Penal Code.
6. The applicants shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 313 Cr.P.C. If in the opinion of the trial court default of this condition is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of their bail and proceed against them in accordance with law.
7. In case the applicants have been enlarged on short term bail as per the order of committee constituted under the orders of Hon'ble Supreme Court their bail shall be effective after the period of short term bail come to an end.
In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
Order Date :- 20.1.2021 Junaid