IN THE HIGH COURT OF ALLAHABAD
Saumitra Dayal Singh, Vinod Diwakar, JJ.
Appellant :- Lalla Tiwari
Versus
Respondent :- State of U.P.
CRIMINAL APPEAL No. - 11829 of 2024
Decided On : 11-02-2025
(A) Indian Penal Code, 1860 - Sections 147, 148, 149, 307, 302, 323, 504, 506 - Criminal Misc. Short Term Bail/Parole Application - Application for short term bail granted for marriage of appellant's niece, with specific conditions imposed to ensure peace and compliance - The marriage is to take place on 18th February 2025. (Paras 3, 5)
(B) Conditions of Bail - The court emphasized that the appellant must maintain peace and be under police supervision during the bail period. (Para 5)
(C) Compliance - The C.J.M., Kannauj is directed to report compliance with the bail conditions. (Paras 6, 9)
Facts of the case:
The appellant, convicted in a serious criminal case, sought short term bail for a family event, which was confirmed by the learned A.G.A.
Findings of Court:
The court allowed the bail application with conditions to ensure public safety and compliance with the law.
Issues: The main issue was whether the appellant should be granted short term bail for a family event under specific conditions.
Ratio Decidendi: The court found that the circumstances justified granting bail, provided that peace is maintained and the appellant is monitored.
Result: Short term bail application is allowed.
JUDGMENT :
Saumitra Dayal Singh, Vinod Diwakar, JJ.
(In Re: Criminal Misc. Short Term Bail/Parole Application No. 5 of 2025)
1. Heard Sri Rajiv Lochan Shukla alongwith Sri Sarvesh Kumar Dubey, counsel for the appellant-Lalla Tiwari, Sri Nagendra Kumar Srivastava, learned A.G.A. and Sri Shailendra Kumar Tripathi, counsel for the first informant.
2. This short term bail has been filed on behalf of appellant-Lalla Tiwari, who has been convicted in Sessions Trial No. 72 of 2004 (State of U.P. Vs. Rajeev Kumar Pandey @ Pappu and Others), arising out of Case Crime No. 586 of 2003, under Sections 147, 148, 149, 307, 302, 323, 504, 506 I.P.C., Police Station Chhibramau, District Kannauj.
3. The short term parole has been sought for the reason of marriage of the niece of the appellant. In that regard, it has been stated that the parents of the bride are dead. The marriage is to be solemnized by the appellant, who has issued the wedding invitation annexed to the parole application.
4. Learned A.G.A. has obtained report, relying on the same, it is stated that the facts mentioned in the parole application are correct. At this stage, Sri Rajiv Lochan Shukla states that there is small change, inasmuch as the marriage is to be solemnized on 18th February, 2025, but the venue has been changed to "Laxmi Lawn & Resorts, Navikot, Nandna, Sitapur Road, Lucknow".
5. In that view of the matter, we deem it appropriate to enlarge the accused-appellant, Lalla Tiwari, on short term bail in Sessions Trial No. 72 of 2004 (State of U.P. Vs. Rajeev Kumar Pandey @ Pappu and Others), arising out of Case Crime No. 586 of 2003, under Sections 147, 148, 149, 307, 302, 323, 504, 506 I.P.C., Police Station Chhibramau, District Kannauj for a period of one week from 15.02.2025, subject to following conditions:
(i) That the appellant shall observe peace and tranquility during the period of short term bail and shall not indulge in any unlawful activity.
(ii) That for the period of short term bail, the appellant shall be accompanied by necessary police guard(s), who shall keep them under 24 hours vigil, but the appellant will be free to move about to places that they want to go.
(iii) That the appellant shall surrender before the C.J.M., Kannauj on 21.02.2025 and shall be sent back to jail.
6. This order be intimated to the C.J.M., Kannauj, through the Registrar General, High Court, Allahabad for making proper arrangement.
7. The concerned authority shall ensure that appropriate security steps are taken so that no uncalled for incident take place.
8. Let a copy of this order be supplied to the learned counsel for the appellant.
9. The C.J.M., Kannauj shall submit its report/ certificate regarding compliance of the order of this Court by the date next.
10. Short term bail application is, accordingly, allowed.
The court granted short term bail for a family event, emphasizing the need for peace and compliance with conditions during the bail period.
The necessity of the applicant-accused's presence to perform necessary rituals in his sister's marriage ceremony was the key legal principle influencing the court's decision to grant temporary bail.
Short term bail can be granted in a given case.
The essential presence of the mother in the marriage of her daughter for granting temporary bail.
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