High Court · 2025

Heard learned counsel for the applicant, learned A.G.A. for the State and perused the material placed on record. The present application under Section 438 Cr.PC./482 BNSS has been filed seeking anticipatory bail in case crime No. 0208 of 2024, under Sections 115(2), 352, 351(2), 351(3), 333, 110, 117(2) BNS, P.S.- Motiganj , District- Gonda. From perusal of the order sheet, it appears that on 10.12.2024 following order was passed wherein the present applicants have been granted interim anticipatory bail:- "Sri Ashish Kumar Upadhyay, advocate, has put in appearance by way of filing vakalatnama on behalf of the informant and the same is taken on record. Office is directed to print the name of Sri Ashish Kumar Upadhyay, as counsel for the informant in the next cause list. Heard learned counsel for the applicants, Sri Ashish Kumar Upadhyay, counsel for the informant, learned A.G.A. for the State and perused the record. The instant bail application has been filed on behalf of the applicants with the prayer to release them on anticipatory bail in Case Crime No. 0208 of 2024, under sections 115(2), 352, 351(2), 351(3), 333, 110, 117(2) BNS P.S.- Motiganj District -Gonda. The contention of learned counsel for the applicants is that the applicant are innocent and have falsely been implicated in the instant matter due to ulterior motive. He submits that in fact there was scuffle in between the parties and there was no motive to beat the informant or the other injured persons, but that happened in spur of the moment. He added that the applicants have also received serious injuries as is evident at page 60 of the application. He next submits that it is a dispute in between the parties who are living in a village and they are neighbours and the applicants have no previous criminal history as is mentioned in paragraph no. 15 of the affidavit filed in support of the anticipatory bail application. The applicants have undertaken that they would always cooperate with the investigation proceedings and would not abscond from the same. He also submits that there is apprehension that the applicants will be arrested by the police thus, submission is that the the applicants may be granted anticipatory bail. On the other hand, learned counsel appearing for the informant has vehemently opposed the submissions aforesaid and submits that the informant including the other injured persons have received injuries and the applicants are named in the first information report as such, they are not entitled for any relief. Learned A.G.A. appearing for the State has also supported the version of counsel for the informant. Considering the aforesaid facts and circumstances of the case, till the next date of listing, the present applicants- Ramji Tiwari, Satyawan Tiwari, Anil Tiwari and Smt. Sushila shall be released forthwith, in case of their arrest in the aforesaid case crime (supra) on an interim anticipatory bail on their furnishing personal bonds and two solvent sureties each in the like amount to the satisfaction of the court concerned with the following conditions:- (i) that the applicants shall make themselves available for interrogation by a police officer as and when required; (ii) that 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 them from disclosing such facts to the court or to any police officer or tamper with the evidence; (iii) that the applicants shall not leave India without the previous permission of the court; (iv) that in case chargesheet is submitted the applicants shall not tamper with the evidence during the trial; (v) that the applicants shall not pressurize/ intimidate the prosecution witness; (vi) that the applicants shall appear before the trial court on each date fixed unless personal presence is exempted; (vii) that in case of breach of any of the above conditions the court concerned shall have the liberty to cancel the bail. Let notice be issued to opposite party no. 2, returnable at an early date. Steps be taken within a week. If steps are taken, office shall proceed accordingly. List/put up this matter in third week of January, 2025. In the meantime, the State as well as opposite party no. 2 may file their counter affidavits. " State counsel has failed to demonstrate from the counter affidavit that there is any adversarial fact which are pleaded in the bail application. This Court finds that the applicants were enlarged on anticipatory bail after thorough considering the merits of the case. The learned counsel for the State has also failed to submit any fact that the applicants are not cooperating with the investigation proceedings or otherwise any glaring fact which can adversely affect the merit of the case. In view of the aforesaid, the present anticipatory bail application is hereby allowed while extending anticipatory bail to the applicants, namely, Ramji Tiwari, Satyawan Tiwari, Anil Tiwari and Smt. Sushila till disposal of the trial subject to the following conditions:- (i) that the applicants shall make themselves available for interrogation by a police officer as and when required; (ii) that 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/ her from disclosing such facts to the Court or to any police officer or tamper with the evidence; (iii) that the applicants shall not leave India without the previous permission of the court; (iv) that the applicants shall appear before the trial court on each date fixed, unless their personal presence is exempted; and (v) that the applicants shall not pressurize/intimidate the prosecution witness. In case of default, it would be open for the Investigating Agency to move application for vacation of this order. Order Date :- 4.3.2025 (Manoj K.) MANOJ KUMAR High Court of Judicature at Allahabad, Lucknow Bench

Heard learned counsel for the applicant, learned A.G.A. for the State and perused the material placed on record. The present application under Section 438 Cr.PC./482 BNSS has been filed seeking anticipatory bail in case crime No. 0208 of 2024, under Sections 115(2), 352, 351(2), 351(3), 333, 110, 117(2) BNS, P.S.- Motiganj , District- Gonda. From perusal of the order sheet, it appears that on 10.12.2024 following order was passed wherein the present applicants have been granted interim anticipatory bail:- "Sri Ashish Kumar Upadhyay, advocate, has put in appearance by way of filing vakalatnama on behalf of the informant and the same is taken on record. Office is directed to print the name of Sri Ashish Kumar Upadhyay, as counsel for the informant in the next cause list. Heard learned counsel for the applicants, Sri Ashish Kumar Upadhyay, counsel for the informant, learned A.G.A. for the State and perused the record. The instant bail application has been filed on behalf of the applicants with the prayer to release them on anticipatory bail in Case Crime No. 0208 of 2024, under sections 115(2), 352, 351(2), 351(3), 333, 110, 117(2) BNS P.S.- Motiganj District -Gonda. The contention of learned counsel for the applicants is that the applicant are innocent and have falsely been implicated in the instant matter due to ulterior motive. He submits that in fact there was scuffle in between the parties and there was no motive to beat the informant or the other injured persons, but that happened in spur of the moment. He added that the applicants have also received serious injuries as is evident at page 60 of the application. He next submits that it is a dispute in between the parties who are living in a village and they are neighbours and the applicants have no previous criminal history as is mentioned in paragraph no. 15 of the affidavit filed in support of the anticipatory bail application. The applicants have undertaken that they would always cooperate with the investigation proceedings and would not abscond from the same. He also submits that there is apprehension that the applicants will be arrested by the police thus, submission is that the the applicants may be granted anticipatory bail. On the other hand, learned counsel appearing for the informant has vehemently opposed the submissions aforesaid and submits that the informant including the other injured persons have received injuries and the applicants are named in the first information report as such, they are not entitled for any relief. Learned A.G.A. appearing for the State has also supported the version of counsel for the informant. Considering the aforesaid facts and circumstances of the case, till the next date of listing, the present applicants- Ramji Tiwari, Satyawan Tiwari, Anil Tiwari and Smt. Sushila shall be released forthwith, in case of their arrest in the aforesaid case crime (supra) on an interim anticipatory bail on their furnishing personal bonds and two solvent sureties each in the like amount to the satisfaction of the court concerned with the following conditions:- (i) that the applicants shall make themselves available for interrogation by a police officer as and when required; (ii) that 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 them from disclosing such facts to the court or to any police officer or tamper with the evidence; (iii) that the applicants shall not leave India without the previous permission of the court; (iv) that in case chargesheet is submitted the applicants shall not tamper with the evidence during the trial; (v) that the applicants shall not pressurize/ intimidate the prosecution witness; (vi) that the applicants shall appear before the trial court on each date fixed unless personal presence is exempted; (vii) that in case of breach of any of the above conditions the court concerned shall have the liberty to cancel the bail. Let notice be issued to opposite party no. 2, returnable at an early date. Steps be taken within a week. If steps are taken, office shall proceed accordingly. List/put up this matter in third week of January, 2025. In the meantime, the State as well as opposite party no. 2 may file their counter affidavits. " State counsel has failed to demonstrate from the counter affidavit that there is any adversarial fact which are pleaded in the bail application. This Court finds that the applicants were enlarged on anticipatory bail after thorough considering the merits of the case. The learned counsel for the State has also failed to submit any fact that the applicants are not cooperating with the investigation proceedings or otherwise any glaring fact which can adversely affect the merit of the case. In view of the aforesaid, the present anticipatory bail application is hereby allowed while extending anticipatory bail to the applicants, namely, Ramji Tiwari, Satyawan Tiwari, Anil Tiwari and Smt. Sushila till disposal of the trial subject to the following conditions:- (i) that the applicants shall make themselves available for interrogation by a police officer as and when required; (ii) that 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/ her from disclosing such facts to the Court or to any police officer or tamper with the evidence; (iii) that the applicants shall not leave India without the previous permission of the court; (iv) that the applicants shall appear before the trial court on each date fixed, unless their personal presence is exempted; and (v) that the applicants shall not pressurize/intimidate the prosecution witness. In case of default, it would be open for the Investigating Agency to move application for vacation of this order. Order Date :- 4.3.2025 (Manoj K.) MANOJ KUMAR High Court of Judicature at Allahabad, Lucknow Bench