High Court · 2025
Case Details
Acts & Sections
Heard learned counsel for the applicants and learned Counsel for the State as well as perused the material placed on record. Instant application has been filed with the prayer to enlarge the applicants on anticipatory bail in Case Crime No. 828 of 2024, under Sections 420, 406, 504, 506 IPC, Police Station Kotwali Nagar, District Gonda. From perusal of record, it transpires that the notice has been issued to opposite party no. 2 on 16.12.2024 and as per office report that has been served but no one is present on behalf of the complainant. Time was also granted to learned Counsel for the State to file counter affidavit but no counter affidavit has been filed till date. On 16.12.2024, the following order was passed by this Court, wherein the present applicants have been granted interim anticipatory bail:- "Heard learned counsel for the applicants, learned AGA for the State and perused the record. The present anticipatory bail application has been filed by the applicants in relation to FIR/Case Crime No. 828 of 2024, under Sections 420, 406, 504, 506 IPC, Police Station- Kotwali Nagar, District- Gonda. It is stated that in the FIR bearing No. 828 of 2024 dated 30.10.2024, in fact allegations are against the co-accused Jwala Prasad Tiwari, who is the father of the applicants namely Jitendra Kumar Tiwari and Pintu Tiwari, and as such, it is apparent that the applicants have been implicated only being sons of the co-accused Jwala Prasad Tiwari. It is also stated that if it is presumed to be true that an amount to the tune of Rs. 22 lakhs was provided to the co-accused Jwala Prasad Tiwari, then in that eventuality, it can be inferred that the present FIR has been lodged by the informant only to recover the stale claim as last payment according to the FIR, was made on 19.8.2019 and a suit for recovery being barred by limitation could not be filed to recover the said amount. It is also stated that there is no evidence with the prosecution to establish that the total amount of Rs. 22 lakhs were given by the informant to the co-accused Jwala Prasad Tiwari. It is further stated that from the FIR, it appears that about Rs. 12 lakhs were provided by the informant to Jwala Prasad Tiwari and the said amount has already been returned and the same has been indicated in para no. 15 of the affidavit filed in support of the anticipatory bail application and if it is presumed that the said amount has not been returned/paid to the informant, even in that eventuality, no offence is made out against the present applicants as vague/bald allegations have been levelled against them, which are to the effect that the applicants were actively involved with the co-accused Jwala Prasad Tiwari, who according to FIR received certain amount on assurance to provide a government job. Considering the aforesaid facts, as indicated, and also the case of prosecution against the applicant indicated in the FIR, this Court finds that the applicant is entitled to interim protection. Taking note of the aforesaid, as an interim measure, it is provided that in the event of arrest, the accused-applicants- Jitendra Kumar Tiwari and Anil Kumar be released forthwith in the aforesaid case crime (supra) on anticipatory bail on furnishing a personal of Rs. 25,000/- and two sureties each in the like amount to the satisfaction of Station House Officer of the Police Station concerned with the following conditions:- (i) That the accused-applicants shall make themselves available for interrogation by police authorities as and when required and will cooperate with the investigation; (ii) That the accused-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; and (iii) That the accused-applicants shall not leave India without the previous permission of the Court. Issue notice to the opposite party No. 2. Steps in this regard be taken within a week. List/put up this case on 22.01.2025. Learned AGA is directed to file an affidavit in response to this application annexing therewith the proof of service of notice upon opposite party No. 2 through concerned police officer before this Court when the case is listed next." From perusal of the order dated 16.12.2024, it transpires that the learned State Counsel has failed to demonstrate that there is any adversarial fact which are pleaded in the bail application. This Court finds that the applicants were enlarged on an interim anticipatory bail after thoroughly considering the merits of the case. The learned Counsel for the State, on the basis of instructions, has also not placed any fact that the applicants are not cooperating with the investigation proceeding 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, Jitendra Kumar Tiwari and Anil Kumar 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 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 the applicants shall appear before the trial court on each date fixed, unless 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 interim protection. Order Date :- 5.2.2025 kkv/ KRISHAN KUMAR High Court of Judicature at Allahabad, Lucknow Bench
Heard learned counsel for the applicants and learned Counsel for the State as well as perused the material placed on record. Instant application has been filed with the prayer to enlarge the applicants on anticipatory bail in Case Crime No. 828 of 2024, under Sections 420, 406, 504, 506 IPC, Police Station Kotwali Nagar, District Gonda. From perusal of record, it transpires that the notice has been issued to opposite party no. 2 on 16.12.2024 and as per office report that has been served but no one is present on behalf of the complainant. Time was also granted to learned Counsel for the State to file counter affidavit but no counter affidavit has been filed till date. On 16.12.2024, the following order was passed by this Court, wherein the present applicants have been granted interim anticipatory bail:- "Heard learned counsel for the applicants, learned AGA for the State and perused the record. The present anticipatory bail application has been filed by the applicants in relation to FIR/Case Crime No. 828 of 2024, under Sections 420, 406, 504, 506 IPC, Police Station- Kotwali Nagar, District- Gonda. It is stated that in the FIR bearing No. 828 of 2024 dated 30.10.2024, in fact allegations are against the co-accused Jwala Prasad Tiwari, who is the father of the applicants namely Jitendra Kumar Tiwari and Pintu Tiwari, and as such, it is apparent that the applicants have been implicated only being sons of the co-accused Jwala Prasad Tiwari. It is also stated that if it is presumed to be true that an amount to the tune of Rs. 22 lakhs was provided to the co-accused Jwala Prasad Tiwari, then in that eventuality, it can be inferred that the present FIR has been lodged by the informant only to recover the stale claim as last payment according to the FIR, was made on 19.8.2019 and a suit for recovery being barred by limitation could not be filed to recover the said amount. It is also stated that there is no evidence with the prosecution to establish that the total amount of Rs. 22 lakhs were given by the informant to the co-accused Jwala Prasad Tiwari. It is further stated that from the FIR, it appears that about Rs. 12 lakhs were provided by the informant to Jwala Prasad Tiwari and the said amount has already been returned and the same has been indicated in para no. 15 of the affidavit filed in support of the anticipatory bail application and if it is presumed that the said amount has not been returned/paid to the informant, even in that eventuality, no offence is made out against the present applicants as vague/bald allegations have been levelled against them, which are to the effect that the applicants were actively involved with the co-accused Jwala Prasad Tiwari, who according to FIR received certain amount on assurance to provide a government job. Considering the aforesaid facts, as indicated, and also the case of prosecution against the applicant indicated in the FIR, this Court finds that the applicant is entitled to interim protection. Taking note of the aforesaid, as an interim measure, it is provided that in the event of arrest, the accused-applicants- Jitendra Kumar Tiwari and Anil Kumar be released forthwith in the aforesaid case crime (supra) on anticipatory bail on furnishing a personal of Rs. 25,000/- and two sureties each in the like amount to the satisfaction of Station House Officer of the Police Station concerned with the following conditions:- (i) That the accused-applicants shall make themselves available for interrogation by police authorities as and when required and will cooperate with the investigation; (ii) That the accused-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; and (iii) That the accused-applicants shall not leave India without the previous permission of the Court. Issue notice to the opposite party No. 2. Steps in this regard be taken within a week. List/put up this case on 22.01.2025. Learned AGA is directed to file an affidavit in response to this application annexing therewith the proof of service of notice upon opposite party No. 2 through concerned police officer before this Court when the case is listed next." From perusal of the order dated 16.12.2024, it transpires that the learned State Counsel has failed to demonstrate that there is any adversarial fact which are pleaded in the bail application. This Court finds that the applicants were enlarged on an interim anticipatory bail after thoroughly considering the merits of the case. The learned Counsel for the State, on the basis of instructions, has also not placed any fact that the applicants are not cooperating with the investigation proceeding 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, Jitendra Kumar Tiwari and Anil Kumar 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 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 the applicants shall appear before the trial court on each date fixed, unless 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 interim protection. Order Date :- 5.2.2025 kkv/ KRISHAN KUMAR High Court of Judicature at Allahabad, Lucknow Bench