Neutral Citation No. - 2024:AHC-LKO:33602
Court No. - 15
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 4681 of 2024
Applicant :- Neeraj Tiwari
Opposite Party :- State Of U.P. Thru. Prin.Secy. Home
Counsel for Applicant :- Ramakar Shukla
Counsel for Opposite Party :- G.A.
Hon'ble Karunesh Singh Pawar,J.
1.Heard learned counsel for the applicant, learned
Additional Government Advocate for the State
and perused the record.
2. It is alleged in the prosecution case that the
applicant and his real brother Sandeep Kumar
Tiwari both have a difference of four months and
10 days in their date of birth according to High
School certificate which they have produced for
obtaining job. It is further alleged that the
applicant showed his date of birth as 12.2.1994
while appearing in High School examination in
2012. However, he has already appeared in High
School examination in the year 2001 where he
had shown his date of birth as 22.11.1986.
Likewise, Sandeep Kumar Tiwari, bother of the
applicant also appeared in High School
examination in 2012 showing his date of birth as
30.6.1994 whereas he had already appeared in the
said examination in 2005 where he has
mentioned his date of birth as 22.5.1988.
It is further alleged that on the basis of forged and
fabricated date of birth, they appeared in the
Intermediate Examination and got job in police
department. Later on, their services have been
terminated vide order dated 3.10.2022 after
enquiry.
3.Learned counsel for the applicant submits that
the applicant has been falsely implicated. The
applicant has no previous criminal history. The
applicant is in jail since 30.11.2023. The case is
triable by Magistrate. Charge sheet has been
filed. The case is of documentary evidence.
It is further submitted that there is no possibility
of the applicant of fleeing away after being
released on bail or tampering with the witnesses.
In case the applicant is enlarged on bail, he shall
not misuse the liberty of bail.
4.Learned A.G.A. opposed the prayer for bail but
could not dispute the aforesaid facts as argued by
the learned counsel for the applicant.
5.Considering the facts and circumstances of the
case, including the fact that charge-sheet has been
filed, the matter is triable by Magistrate, the
applicant has no criminal history, arguments
advanced by learned counsel for the parties, the
period of incarceration the applicant has
undergone by now, and without expressing any
opinion on the merits of the case, I am prima
facie satisfied that it is a fit case for enlarging the
applicant on bail and accordingly, the bail
application is allowed.
6.Let the applicant Neeraj Tiwari, involved in
Case Crime No.1559 of 2022 under sections 419,
420, 467, 468, 471 I.P.C., P.S. Kotwali Sadar,
district Lakhimpur Kheri, 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
which are being imposed in the interest of
justice:-
(i) The applicant will not tamper with the
evidence during the trial.
(ii) The applicant will not pressurize/ intimidate
the prosecution witness.
(iii) The applicant 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 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.
(v) The applicant shall remain present before the
trial court on each date fixed, either personally or
through his counsel. In case of his absence,
without sufficient cause, the trial court may
proceed against him under Section 229-A of the
Indian Penal Code.
(vi) In case the applicant misuses the liberty of
bail during trial and in order to secure his
presence proclamation under Section 82 Cr.P.C.
is issued and the applicant fails 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.
7. Observation(s) made herein above shall not be
considered as an expression of opinion on merit
of the case.
Order Date :- 30.4.2024
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