State v. Aman Kumar Tiwari and others) arising out of Case Crime No

1.Heard Sri Vinod Kumar Pandey, learned counsel for the appellant, Sri Vipul Kumar Singh, learned Additional Government Advocate for the State/opposite party and Sri Manoj Kumar Nishad, learned counsel, who has submitted that he shall be filing Vakalatnama on behalf of the informant.

2. Sri Pandey has filed rejoinder affidavit, today in the Court, the same is taken on record.

3. This is the first bail application in the appeal filed by the present appellant/ applicant (Shashi Kala Tiwari) against the judgement and order dated 29.10.2024 passed by the learned Additional District & Sessions Judge/ Special Judge, E.C. Act, Court No.04, Sultanpur in Session Trial No.408 of 2019 (State vs. Aman Kumar Tiwari and others) arising out of Case Crime No.447 of 2019, under Sections 147/148/149/302/504/506 I.P.C., Police Station-Gosainganj, District-Sultanpur, whereby the present appellant/ applicant has been convicted and sentenced for maximum period of life imprisonment with fine stipulations, so far as it relates to the present appellant/ applicant (Shashi Kala Tiwari).

4. Learned counsel for the appellant/ applicant has stated that the present appellant is a lady remained on bail during trial and she did not misuse the liberty of bail.

5. In the rejoinder affidavit, in para-14 learned counsel for the appellant/ applicant has explained the criminal history of the present appellant.

6. In Case Crime No/.130 of 2018, under Sections 394, 504, 506 & 352 I.P.C 2 CRLA No. 3725 of 2024 and Sections 3 (1), (Da) (1) (Dha) of S.C./S.T. Act, Police Station- Gosainganj, District-Sultanpur, the final report has been filed in favour of the present appellant and the same has been accepted by the learned trial court. In Case Crime No.543 of 2014, under Sections 147, 352, 504, 506 & 422 I.P.C., Police Station-Gosainganj, District-Sultanpur, in Case Crime No.1352 of 2009, under Sections 427, 504 & 506 I.P.C., Police Station- Gosainganj, District-Sultanpur and in Case Crime No.355 of 2022, under Sections 323, 324 & 504 I.P.C., Police Station-Gosainganj, District- Sultanpur, the present appellant/ applicant has been enlarged on bail. In Case Crime No.331 of 2017, under Sections 323, 324 & 504 & 506 I.P.C., Police Station-Gosainganj, District-Sultanpur, the present appellant/ applicant is not named in the F.I.R. and no allegation has been levelled against the present appellant.

7. Learned counsel for the appellant/ applicant has stated that on account of the property dispute the aforesaid F.I.R. has been lodged against the present appellant. So far as the present case is concerned, as per the allegation of the F.I.R. all the co-accused/ convicts having common object to kill the deceased assaulted him mercilessly through sharp edged weapon and Bamboo cane. The present appellant has been attributed the role of having Banka and she assaulted the deceased through Banka, however, the Doctor who conducted the postmortem has deposed while conducting postmortem that he could not find any injury which might be caused through Banka.

8. Learned counsel for the appellant/ applicant has also stated that the deceased received as many as 14 injuries, out of them, some are caused through firearm and the present appellant/ applicant has not been attributed to any firearm. Since the present F.I.R. is an outcome of the property dispute and the other F.I.Rs. are also an outcome of the family dispute, therefore, the entire family of the present appellant/ applicant including the present appellant has been implicated. During trial, she remained in jail/ judicial custody merely about two years and after conviction order she is again in jail for more than 13 months. Therefore, she has served more than three years period in jail. The present appellant undertakes that if she is released on bail, she will not misuse the liberty of bail and shall abide by all terms and conditions of bail order. He has further submitted that the Paper-book is not ready and as and when the Paper-book is prepared, he will argue the appeal on merits without taking any unnecessary adjournment. 3 CRLA No. 3725 of 2024

9.Per contra, Sri Vipul Kumar Singh, learned Additional Government Advocate as well as Sri Manoj Kumar Nishad, learned counsel for the informant have vehemently opposed the bail application by submitting that all the co-accused/convicts persons having common object to kill the deceased, though on account of property dispute, have assaulted him mercilessly through sharp edged weapon and firearm, resultant thereof, he received 14 injuries and succumbed to those injuries, therefore, the present appellant/ applicant may not be granted bail. They have further submitted that the direction may be issued to prepare the paper-book at the earliest so that this appeal may be heard finally.

10.Having heard learned counsel for the parties and having perused the material available on record, without entering into merits of the appeal, considering the fact that the present appellant is a lady remained on bail during trial and she did not misuse the liberty of bail; the weapon was assigned to her i.e. Banka has not been recovered from her possession or on her pointing out; as per opinion of the Doctor who conducted the postmortem no injury found which might be caused through Banka; the criminal history has been explained which appears that all the criminal cases are an outcome of the property dispute between the rival parties; the paper book is not ready and the undertaking that she shall not misuse the liberty of bail and shall abide by all terms & conditions of bail order, we find it appropriate that the present appellant may be enlarged on bail.

11.Let the present appellant (Shashi Kala Tiwari), convicts of the aforesaid session trial, be released on bail on her furnishing a personal bond and two reliable sureties each in the like amount to the satisfaction of the court concerned with the following conditions. (i) The original copy of the bail bonds and sureties be transmitted to this Court to be kept on record after keeping its photocopy on record. (ii) So far as the amount of fine is concerned, the present appellant/applicant shall deposit 50% of the total fine amount within four weeks from the date of her release, however, the remaining 50% of the fine amount shall remain stayed. (iii) It is made clear that if the accused-appellant/applicant commits any offence during course of bail, the prosecution will be at liberty to file an application for cancellation of bail. (iv) The present appellant/ applicant shall not leave the country without prior 4 CRLA No. 3725 of 2024 permission of the Court.

12. Before parting with it is made clear that the present appellant/ applicant has been granted bail mainly for the reason that she is a lady and has already served more than three years period in jail, therefore, the other co-accused persons may not claim parity with the present appellant/ applicant and their bail applications may be heard and disposed of on its own merit. (Order on Appeal)

13.List this criminal appeal in the month of January, 2026 for hearing. (Abdhesh Kumar Chaudhary,J.) (Rajesh Singh Chauhan,J.) December2,2025 Suresh/

1.Heard Sri Vinod Kumar Pandey, learned counsel for the appellant, Sri Vipul Kumar Singh, learned Additional Government Advocate for the State/opposite party and Sri Manoj Kumar Nishad, learned counsel, who has submitted that he shall be filing Vakalatnama on behalf of the informant.

2. Sri Pandey has filed rejoinder affidavit, today in the Court, the same is taken on record.

3. This is the first bail application in the appeal filed by the present appellant/ applicant (Shashi Kala Tiwari) against the judgement and order dated 29.10.2024 passed by the learned Additional District & Sessions Judge/ Special Judge, E.C. Act, Court No.04, Sultanpur in Session Trial No.408 of 2019 (State vs. Aman Kumar Tiwari and others) arising out of Case Crime No.447 of 2019, under Sections 147/148/149/302/504/506 I.P.C., Police Station-Gosainganj, District-Sultanpur, whereby the present appellant/ applicant has been convicted and sentenced for maximum period of life imprisonment with fine stipulations, so far as it relates to the present appellant/ applicant (Shashi Kala Tiwari).

4. Learned counsel for the appellant/ applicant has stated that the present appellant is a lady remained on bail during trial and she did not misuse the liberty of bail.

5. In the rejoinder affidavit, in para-14 learned counsel for the appellant/ applicant has explained the criminal history of the present appellant.

6. In Case Crime No/.130 of 2018, under Sections 394, 504, 506 & 352 I.P.C 2 CRLA No. 3725 of 2024 and Sections 3 (1), (Da) (1) (Dha) of S.C./S.T. Act, Police Station- Gosainganj, District-Sultanpur, the final report has been filed in favour of the present appellant and the same has been accepted by the learned trial court. In Case Crime No.543 of 2014, under Sections 147, 352, 504, 506 & 422 I.P.C., Police Station-Gosainganj, District-Sultanpur, in Case Crime No.1352 of 2009, under Sections 427, 504 & 506 I.P.C., Police Station- Gosainganj, District-Sultanpur and in Case Crime No.355 of 2022, under Sections 323, 324 & 504 I.P.C., Police Station-Gosainganj, District- Sultanpur, the present appellant/ applicant has been enlarged on bail. In Case Crime No.331 of 2017, under Sections 323, 324 & 504 & 506 I.P.C., Police Station-Gosainganj, District-Sultanpur, the present appellant/ applicant is not named in the F.I.R. and no allegation has been levelled against the present appellant.

7. Learned counsel for the appellant/ applicant has stated that on account of the property dispute the aforesaid F.I.R. has been lodged against the present appellant. So far as the present case is concerned, as per the allegation of the F.I.R. all the co-accused/ convicts having common object to kill the deceased assaulted him mercilessly through sharp edged weapon and Bamboo cane. The present appellant has been attributed the role of having Banka and she assaulted the deceased through Banka, however, the Doctor who conducted the postmortem has deposed while conducting postmortem that he could not find any injury which might be caused through Banka.

8. Learned counsel for the appellant/ applicant has also stated that the deceased received as many as 14 injuries, out of them, some are caused through firearm and the present appellant/ applicant has not been attributed to any firearm. Since the present F.I.R. is an outcome of the property dispute and the other F.I.Rs. are also an outcome of the family dispute, therefore, the entire family of the present appellant/ applicant including the present appellant has been implicated. During trial, she remained in jail/ judicial custody merely about two years and after conviction order she is again in jail for more than 13 months. Therefore, she has served more than three years period in jail. The present appellant undertakes that if she is released on bail, she will not misuse the liberty of bail and shall abide by all terms and conditions of bail order. He has further submitted that the Paper-book is not ready and as and when the Paper-book is prepared, he will argue the appeal on merits without taking any unnecessary adjournment. 3 CRLA No. 3725 of 2024

9.Per contra, Sri Vipul Kumar Singh, learned Additional Government Advocate as well as Sri Manoj Kumar Nishad, learned counsel for the informant have vehemently opposed the bail application by submitting that all the co-accused/convicts persons having common object to kill the deceased, though on account of property dispute, have assaulted him mercilessly through sharp edged weapon and firearm, resultant thereof, he received 14 injuries and succumbed to those injuries, therefore, the present appellant/ applicant may not be granted bail. They have further submitted that the direction may be issued to prepare the paper-book at the earliest so that this appeal may be heard finally.

10.Having heard learned counsel for the parties and having perused the material available on record, without entering into merits of the appeal, considering the fact that the present appellant is a lady remained on bail during trial and she did not misuse the liberty of bail; the weapon was assigned to her i.e. Banka has not been recovered from her possession or on her pointing out; as per opinion of the Doctor who conducted the postmortem no injury found which might be caused through Banka; the criminal history has been explained which appears that all the criminal cases are an outcome of the property dispute between the rival parties; the paper book is not ready and the undertaking that she shall not misuse the liberty of bail and shall abide by all terms & conditions of bail order, we find it appropriate that the present appellant may be enlarged on bail.

11.Let the present appellant (Shashi Kala Tiwari), convicts of the aforesaid session trial, be released on bail on her furnishing a personal bond and two reliable sureties each in the like amount to the satisfaction of the court concerned with the following conditions. (i) The original copy of the bail bonds and sureties be transmitted to this Court to be kept on record after keeping its photocopy on record. (ii) So far as the amount of fine is concerned, the present appellant/applicant shall deposit 50% of the total fine amount within four weeks from the date of her release, however, the remaining 50% of the fine amount shall remain stayed. (iii) It is made clear that if the accused-appellant/applicant commits any offence during course of bail, the prosecution will be at liberty to file an application for cancellation of bail. (iv) The present appellant/ applicant shall not leave the country without prior 4 CRLA No. 3725 of 2024 permission of the Court.

12. Before parting with it is made clear that the present appellant/ applicant has been granted bail mainly for the reason that she is a lady and has already served more than three years period in jail, therefore, the other co-accused persons may not claim parity with the present appellant/ applicant and their bail applications may be heard and disposed of on its own merit. (Order on Appeal)

13.List this criminal appeal in the month of January, 2026 for hearing. (Abdhesh Kumar Chaudhary,J.) (Rajesh Singh Chauhan,J.) December2,2025 Suresh/