✦ High Court of India · 25 Sep 2025

State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. vs Party(s)

Case Details High Court of India · 25 Sep 2025
Court
High Court of India
Decided
25 Sep 2025
Length
1,112 words

of causing head injury is not on the applicants, prima facie there appears to 3 BAIL No. 5887 of 2025 be variation in the injuries in the medicolegal report of the injury as well as in the post mortem report, arguments advanced by learned counsel for the parties, the period for which the applicants are in jail and without expressing any opinion on the merit of the case, I find it to be a fit case for enlarging the applicants on bail.

6.Let the applicants Bhola alias Bhole @ Ramnaresh Tiwari and Sanjay alias Abhay Tiwari involved in case crime No.0082 of 2025 under sections 115(2), 352, 351(3), 103(1), 191(2), 3(5) BNS, P.S. Kotwali Dehat, district Gonda, be released on bail on their 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 applicants will not tamper with the evidence during the trial. (ii) The applicants will not pressurize/ intimidate the prosecution witness. (iii) The applicants 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 applicants shall file an undertaking to the effect that they 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 applicants shall remain present before the trial court on each date fixed, either personally or through their counsel. In case of his absence, without sufficient cause, the trial court may proceed against them under Section 229-A I.P.C. (now 269 BNS). (vi) In case the applicants misuse the liberty of bail during trial and in order to secure their presence proclamation under Section 82 Cr.P.C. (now 84 BNSS) 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 them, in accordance with law, under Section 174-A I.P.C. (now 209 BNS). 4 BAIL No. 5887 of 2025

7.The application is allowed accordingly. September 25, 2025 AKK (Karunesh Singh Pawar,J.) AMIT KUMAR High Court of Judicature at Allahabad, Lucknow Bench

of causing head injury is not on the applicants, prima facie there appears to 3 BAIL No. 5887 of 2025 be variation in the injuries in the medicolegal report of the injury as well as in the post mortem report, arguments advanced by learned counsel for the parties, the period for which the applicants are in jail and without expressing any opinion on the merit of the case, I find it to be a fit case for enlarging the applicants on bail.

6.Let the applicants Bhola alias Bhole @ Ramnaresh Tiwari and Sanjay alias Abhay Tiwari involved in case crime No.0082 of 2025 under sections 115(2), 352, 351(3), 103(1), 191(2), 3(5) BNS, P.S. Kotwali Dehat, district Gonda, be released on bail on their 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 applicants will not tamper with the evidence during the trial. (ii) The applicants will not pressurize/ intimidate the prosecution witness. (iii) The applicants 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 applicants shall file an undertaking to the effect that they 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 applicants shall remain present before the trial court on each date fixed, either personally or through their counsel. In case of his absence, without sufficient cause, the trial court may proceed against them under Section 229-A I.P.C. (now 269 BNS). (vi) In case the applicants misuse the liberty of bail during trial and in order to secure their presence proclamation under Section 82 Cr.P.C. (now 84 BNSS) 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 them, in accordance with law, under Section 174-A I.P.C. (now 209 BNS). 4 BAIL No. 5887 of 2025

7.The application is allowed accordingly. September 25, 2025 AKK (Karunesh Singh Pawar,J.) AMIT KUMAR High Court of Judicature at Allahabad, Lucknow Bench

This is the original judgment text as indexed from the source corpus. Always verify against the official court record before relying on it in a filing — you can do so on eCourts or the Supreme Court of India website. ← Search more judgments