Allahabad High Court
Sudhir Tiwari @ Tanmay vs State Of U.P. on 22 March, 2021
Author: Karunesh Singh Pawar
Bench: Karunesh Singh Pawar
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Court No. - 15 Case :- BAIL No. - 2792 of 2021 Applicant :- Sudhir Tiwari @ Tanmay Opposite Party :- State of U.P. Counsel for Applicant :- Jayshanker Shukla,Sharad Pathak Counsel for Opposite Party :- G.A. Hon'ble Karunesh Singh Pawar,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and learned counsel for the complainant as well as perused the record.
Learned counsel for the applicant submits that the prosecution version as per the F.I.R. is that informant was a divorcee and lived alone in Mumbai city where she met with the accused and was in live-in-relationship with the applicant. This version of the first information report has been changed by the prosecution while giving statement under Section 161 Cr.P.C. According to which, first she met the applicant and thereafter applicant persuaded and was successful in getting her divorced. The prosecution version recorded under Section 164 Cr.P.C. has been modified and for the first time details of financial transaction have been given.
Learned counsel for the applicant submits that as per the version in the F.I.R. statement of prosecutrix under Section 161 Cr.P.C. and 164 Cr.P.C. it is evident that prosecutrix was a consenting party and in live- -in-relationship with the accused/applicant for a long period. The medical examination of the prosecutrix does not corroborate the prosecution story. The prosecutrix is 33 years of old lady. The applicant has been falsely implicated in this case so as to extract money. The brother of the applicant has also given two cheques amounting to Rs.60,000/- and 65,000/- which are on record.
It is lastly submitted that there is no possibility of the applicant of fleeing away after being released from jail or tampering with the witnesses. In case the applicant is enlarged on bail, he shall not misuse the liberty of bail.
Learned A.G.A. and learned counsel for the complainant have opposed the prayer for bail but could not dispute the aforesaid facts as argued by the learned counsel for the applicant.
Considering the facts that the applicant is in jail since 28.12.2020; charge-sheet in the matter has been filed, and without expressing any opinion on merits of the case, I find it to be a fit case for enlarging the applicant on bail.
Let the applicant, Sudhir Tiwari @ Tanmay involved in Case Crime No. 532 of 2020, under Sections 406, 376, 323, 504, 506, 342, 377, 511, 34 Indian Penal Code, Police Station Amethi, District Amethi, be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions which are being imposed in the interest of justice:-
(i) The applicant will not tamper with the evidence during the trial.
(ii) The applicant will not pressurize/ intimidate the prosecution witness.
(iii) 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.
(iv) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law.
(v) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him under Section 229-A of the Indian Penal Code.
(vi) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under Section 82 Cr.P.C. is issued and the applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law, under Section 174-A of the Indian Penal Code.
Order Date :- 22.3.2021 Madhu