Court No. - 74

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 41675 of

2022

Applicant :- Ankit Tiwari

Opposite Party :- State of U.P.

Counsel for Applicant :- Chanchal Kumar Rai

Counsel for Opposite Party :- G.A.

Hon'ble Ajay Bhanot,J.

By means of this bail application the applicant has

prayed to be enlarged on bail in Case Crime

No.516 of 2019 at Police Station-Lanka, District-

Varanasi under Section 3(1) of the U.P. Gangster

and Anti Social Activities (Prevention) Act,

1986. The applicant is in jail since 06.03.2019.

The bail application of the applicant was rejected

by learned trial court on 14.06.2022.

The following arguments made by Shri Chanchal

Kumar Rai, learned counsel on behalf of the

applicant, which could not be satisfactorily refuted

by Shri Paritosh Kumar Malivya, learned A.G.A.-I

from the record, entitle the applicant for grant of

bail:

(1). The applicant has been enlarged on bail in the

two criminal cases depicted in the gang chart.

(2). He is not a member of any criminal gang.

(3). The applicant has explained his criminal

history. It is contended that the applicant has been

falsely nominated in a number of cases only to

burnish the credentials of the police authorities.

The said cases have no bearing in the instant bail

application.

(4). The applicant is not a flight risk. The applicant

being a law abiding citizen has always cooperated

with the investigation and undertakes to cooperate

with the court proceedings. There is no possibility

of his influencing witnesses, tampering with the

evidence or reoffending.

In the light of the preceding discussion and without

making any observations on the merits of the case,

the bail application is allowed.

Let the applicant-Ankit Tiwari be released on bail

in the aforesaid case crime number, on furnishing a

personal bond and two sureties each in the like

amount to the satisfaction of the court below. The

following conditions be imposed in the interest of

justice:-

(i) The applicant will not tamper with the evidence

or influence any witness during the trial.

(ii) The applicant will appear before the trial court

on the date fixed, unless personal presence is

exempted.

Order Date :- 20.1.2023

Ashish Tripathi

Digitally signed by :-

ASHISH NAYAN TRIPATHI

High Court of Judicature at Allahabad