High Court
Case Details
Neutral Citation No. - 2025:AHC:34397 Reserved on 07.3.2025 Delivered on 10.3.2025 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2318 of 2025
Legal Reasoning
Applicant :- Shiv Tiwari Alias Ashutosh Tripathi Opposite Party :- State of U.P. Counsel for Applicant :- Bhupendra Pal,Pramod Kumar Srivastava Counsel for Opposite Party :- G.A. Hon'ble Siddharth,J. Heard Sri Pramod Kumar Srivastava, learned counsel for the applicant; Sri Vikas Sahai, learned AGA for the State and perused the material placed on record. The instant bail application has been filed on behalf of the applicant, Shiv Tiwari Alias Ashutosh Tripathi, with a prayer to release him on bail in Case Crime No. 192 of 2020, S.S.T. No.1263 of 2020, under Sections 147, 148, 149, 332, 353, 333, 307, 302, 396, 412, 120-B, 34, 504, 506 IPC & Section 7 Criminal Law Amendment Act and Section 3/4 Explosive Substance Act, Police Station Chaubeypur, District- Kanpur Nagar, during pendency of trial. This is second bail application of the applicant. The first bail application of the applicant was rejected by this Court on 24.11.2023 directing the trial court to conclude the trial against the applicant as expeditiously as possible, preferably within period of one year from the date of production of certified copy of this order. Learned counsel for the applicant has submitted that PW-1 has been examined before the trial court, who has only assigned the role of instigation to the applicant. Further, there were allegations against the applicant that he used a mobile number 9651969086, which was in the name of Manish Yadav, s/o Prahlad Yadav and used to talk with main accused, Vikas Dubey, from the aforesaid mobile number and had active role in the incident dated 02.7.2020. It has been submitted that the police has investigated the aforesaid allegation, which was made in separate FIR registered as Crime No. 323 of 2020, under Sections, 419, 420 IPC and applicant has been exonerated in the aforesaid case. Therefore, it is clear that applicant was not in touch with the main accused, Vikas Dubey, at the time of the alleged incident. It has been submitted that the applicant is in jail since 21.8.2020. In the charge- sheet, more than 100 witnesses have been detailed. The trial will take to conclude. The applicant had criminal history of only two cases prior to implication in the present case being Case Crime No.610 of 2015, under Sections 147, 148, 149, 504, 506, 323, 324, 325(i) IPC, Police Station Chaubeypur, District Kanpur Nagar and another case under Sections 147, 148, 149, 307, 323, 504, 506 IPC, Police Station Chaubeypur, District Kanpur Nagar. Subsequently he was implicated in other cases after present implication falsely by the police. Learned A.G.A. has vehemently opposed the submissions made by learned counsel for the applicant. He has submitted that all the witnesses of fact have almost been examined and the formal witnesses only remained to be examined. Prosecution intends to produce only 44 witnesses and not above 100 witesses named in the charge-sheet. The trial will conclude soon and hence there is no justification for enlarging the applicant on bail. After hearing rival contentions, this Court finds that the applicant is languishing in jail since 21.8.2020. Keeping in view of the pace of trial, it is not likely to be concluded in near future. The allegation against the applicant that he was in touch with main accused, Vikas Dubey, on mobile phone in the name of third person has not been found to be correct. Having considered the submissions of the parties noted above, finding force in the submissions made by the learned counsel for the applicant; keeping in view uncertainty regarding conclusion of trial; one sided investigation by police, ignoring the case of accused side; applicant being under-trial having fundamental right to speedy; larger mandate of the Article 21 of the Constitution of India, considering the dictum of Apex Court in the case of Manish Sisodia Vs. Directorate of Enforcement, 2024 LawSuit (SC) 677, considering 5-6 times overcrowding in jails over and above their capacity by under trials and without expressing any opinion on the merits of the case, let the applicant involved in the aforesaid crime 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 that :- (i) The applicant shall not tamper with the evidence or threaten the witnesses. (ii) 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. (iii) The applicant shall remain present before the Trial Court on each date fixed, either personally or as directed by the Court. In case of his absence, without sufficient cause, the Trial Court may proceed against him under Section 229-A of the Indian Penal Code. (iv) In case the applicant misuse the liberty of bail during trial and in order to secure his presence, proclamation under Section 82 Cr.P.C. is 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 him in accordance with law under Section 174-A of the Indian Penal Code. (v) The applicant 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 absence of the applicant is deliberate or without sufficient cause, then it shall be open for the Trial Court to treat such default as abuse of liberty of bail and proceed against him in accordance with law. In case, of breach of any of the above conditions, it shall be a ground for cancellation of bail. Identity and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted. Order Date :- 10.3.2025 Ruchi Agrahari Digitally signed by :- RUCHI AGRAHARI High Court of Judicature at Allahabad