Allahabad High Court
Mahesh Tiwari vs State Of U.P. on 26 November, 2019
Author: Aniruddha Singh
Bench: Aniruddha Singh
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Court No. - 12 Case :- BAIL No. - 6034 of 2019 Applicant :- Mahesh Tiwari Opposite Party :- State of U.P. Counsel for Applicant :- Anil Kumar Mishra,Kaushal Tiwari,Sunil Kumar Pandey Counsel for Opposite Party :- Govt. Advocate,Shanker Lal Pandey Hon'ble Aniruddha Singh,J.
Heard learned counsel for the applicant, learned counsel for the complainant as well as Sri Ran Vijay Singh, learned A.G.A for the State and perused the record.
According to prosecution case, F.I.R. was lodged against eight accused persons namely, Paramanand Tiwari, Phulkali, Mahesh, Mukesh, Pooja Devi, Archana, Sachin, Saurabh alleging that on 30.3.2019, accused Parmanand Tiwari drove four wheeler bearing no. U.P.44T7739 on Sita Devi, she received seven injuries, resultantly died. One Rakesh has also received injuries.
It is submitted by learned counsel for the applicant that the applicant is innocent and has been falsely implicated in the present case. Offences levelled against the applicant are not attracted in the present case. There is no independent witness and no legal evidence against the applicant. The story narrated by the complainant appears to be false fabricate and unnatural, that was nothing else but mere an accident. According to inquest report, due to car accident, deceased received injuries. Co-accused Parmanand Tiwari was driven the said car. The case of applicant is distinguishable from co-accused Parmanand Tiwari. He is languishing in jail since 30.3.2019 (near about eight months) having no criminal history and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.
Learned counsel for the complainant opposed the prayer for bail.
Learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid fact as argued by learned counsel for the applicant and admitted that applicant has no criminal history.
Considering the submission of learned counsel for the parties, facts of the case, nature of allegation and period of custody, gravity of offence, without expressing any opinion on the merits of the case, the Court is of the opinion that it is a fit case for bail. Hence, the bail application is hereby allowed.
Let the applicant Mahesh Tiwari involved in Case Crime No. 167 of 2019, under Sections 147, 148, 149, 302, 307, 323, 352, 452, 504, 506, 34 IPC, Police Station Kotwali Dehat, District Sultanpur be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions:
1. The applicant will not tamper with the evidence during the trial.
2.The applicant will not pressurize/ intimidate the prosecution witness.
3.The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.
4.The applicant shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected.
5.The applicant shall not directly or indirectly make any 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 to any police officer or tamper with the evidence.
In case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail.
Order Date :- 26.11.2019 A. Singh