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2025 DIGILAW 309 (ALL)

Lalla Tiwari v. State of U. P.

2025-02-11

SAUMITRA DAYAL SINGH, VINOD DIWAKAR

body2025
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. (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.