Allahabad High Court
MOHIT TIWARIversusSTATE OF U.P.
- Decided
- Bench
- JAI PRAKASH TIWARI
Holding
The court held that the applicant is entitled to bail during trial, subject to a personal bond, sureties and strict conditions, without expressing any view on the merits of the case.
Summary
The applicant Mohit Tiwari filed a bail application (Criminal Misc. Bail Application No. 31830 of 2026) seeking release pending trial in Crime No. 194 of 2026, which involves offences under IPC sections 318(4), 316(2), 115(2), 352 and 351(2). He asserted that he is innocent, was not named in the FIR, no incriminating material was recovered from him and he has no prior criminal record. The State opposed the bail, but the court examined the seriousness of the allegations, the applicant’s clean record and the principle of liberty. The court held that bail could be granted without expressing an opinion on the merits, subject to a personal bond, two sureties and conditions prohibiting evidence tampering, intimidation of witnesses, commission of similar offences and inducement of persons acquainted with the facts. The court directed verification of the sureties and warned that any breach of the conditions would permit cancellation of bail. The bail order was limited to the application and does not affect the merits of the trial.
Issues considered
- Whether the applicant is entitled to bail during the pendency of trial for offences under IPC sections 318(4), 316(2), 115(2), 352 and 351(2)
Legislation cited
- Indian Penal Code — s. 115(2), 316(2), 318(4), 351(2), 352
Subjects
- bail
- Indian Penal Code
- sections 318 316 115 352 351
- sureties
- conditions of bail
- criminal procedure
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 31830 of 2026
Mohit Tiwari
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Brijesh Kumar Tiwari, Raj Kumar
Tripathi
Counsel for Opposite Party(s) : G.A.
Court No. - 70
HON'BLE JAI PRAKASH TIWARI, J.
Heard learned counsel for the applicant and learned AGA for the State-
respondent and perused the record of the case.
The instant application has been filed seeking release of the applicant on
bail in Case Crime No. 194 of 2026, under Sections 318(4), 316(2),
115(2), 352, 351(2) BNS, Police Station- Sujanganj, District- Jaunpur,
during pendency of the trial in the court concerned.
Learned counsel for the applicant submitted that the applicant is
absolutely innocent and has been falsely implicated in the present case
due to some ulterior motive. The present applicant is not named in the
FIR and his name surfaced during the course of investigation. It is next
submitted that applicant is having no concern with the allegations levelled
against him and he has not committed any offence as alleged by
prosecution. It is next submitted that nothing incriminating has been
recovered from the possession of the applicant. Neither applicant received
any money nor any amount has been transferred in his account. The
applicant is not the beneficiary of any illicit online transactions in any
manner. Similarly placed co-accused Aleem has been granted bail by co-
ordinate Bench of this Court vide order dated 17.8.2026 in Criminal Misc.
Bail Application No. 25767 of 2026. Except the present case, the
applicant is not having any other criminal history and he is languishing in
jail since 01.07.2026. It is also submitted that the applicant undertakes
that he will not misuse the liberty, if granted. It has also been pointed out
that in the wake of heavy pendency of cases in the Court, there is no
likelihood of any early conclusion of trial.
The prayer for bail has been vehemently opposed by learned A.G.A.
Considering the facts and circumstances of the case, perusing the record,
evidence and also considering the nature of allegations, arguments
BAIL No. 31830 of 2026
2
advanced by the learned counsel for the parties, this Court is of the view
that the applicant is entitled to be enlarged on bail during the pendency of
the trial.
Accordingly, without expressing any opinion on the merits of the case,
the instant bail application is allowed.
Let applicant, Mohit Tiwari be released on bail in the aforesaid case on
his executing a personal bond and furnishing two sureties each in the like
amount to the satisfaction of the court concerned subject to the following
conditions:-
(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 will appear before the trial court on the date fixed,
unless personal presence is exempted.
(iv). The applicant shall not commit an offence similar to the offence of
which he is accused, or suspected, of the commission of which he is
suspected.
(v). 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.
It is further directed that the identity, status and residence proof of the
sureties be verified by the authorities concerned before they are accepted.
In case of breach of any of the above conditions, the trial court will be at
liberty to cancel the bail.
It is clarified that the observations made herein are limited to the facts
brought in by the parties pertaining to the disposal of bail application and
the said observations shall have no bearing on the merits of the case
during trial.
(Jai Prakash Tiwari,J.)
September 9, 2026
KK Patel
Digitally signed by :-
KRISHN KANT PATEL
High Court of Judicature at Allahabad
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