Shri Prakash Tiwari Vs. State Of U.P.
Allahabad High Court (Single Judge)
BAIL, 3688 of 2015, Judgment Date: Jun 09, 2015
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Court No. - 17
Case :- BAIL No. - 3688 of 2015
Applicant :- Shri Prakash Tiwari
Opposite Party :- State Of U.P.
Counsel for Applicant :- Pankaj Verma
Counsel for Opposite Party :- Govt. Advocate,Praveen Tripathi
Hon'ble Arvind Kumar Mishra-I,J.
Heard learned counsel for the applicant and the learned A.G.A. for the State.
Contention has been raised to the effect that in this case co-accused Smt. Usha Tiwari has already been granted bail by this Court vide order dated 28.5.2015 in Bail No. 4322 of 2015, Smt. Usha Tiwari� Vs. State of U.P. The other two co-accused persons Bullu @ Shiv Poojan and Rajesh Tiwari have also been admitted to bail by this Court vide order dated 28.5.2015 passed in Bail No.4329 of 2015 and order dated 21.5.2015 passed in Bail No.3346 of 2015, respectively. He further submits that case of the applicant is at par with above mentioned co-accused persons. The applicant is in jail since 9.4.2015. There is no previous criminal history against the applicant.
The learned A.G.A. has vehemently opposed the prayer for bail of the applicant and submits that the sale-deed was executed on 27.10.2015 and the will was also allegedly got executed the very same day, which speaks volumes of conspiracy hatched up by all the accused persons and the applicant but not the main accused who happens to be the husband of main accused Usha Tiwari. The applicant did not stop but he went on submitting fake and false papers before the Investigating Officer, which mischief� has been very much detected and suitable action is to be taken against the applicant.
Considering the rival submissions and the nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence, reasonable apprehension of tampering with the witness and prima facie case, without expressing any opinion on merit of the case, this bail application is allowed also on the ground of parity.
Let the applicant- Shri Prakash Tiwari involved in Complaint No.897 of 2013, under Section 420 IPC, Police Station Colonelganj, District Gonda be released on bail on his executing a personal bond and furnishing two local solvent sureties of district Gonda each in the like amount to the satisfaction of the court concerned with the 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.
In case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail.
Order Date :- 9.6.2015