Vivek Tripathi v. State of U.P

Court No. - 77 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 44080 of 2023 Applicant :- Vivek Tripathi Opposite Party :- State of U.P. Counsel for Applicant :- Ashwini Kumar Ojha Counsel for Opposite Party :- G.A. Hon'ble Mrs. Renu Agarwal,J.

¶1Heard learned counsel for the applicant, learned A.G.A. and perused the record.

¶2The present application under Section 439 Cr.P.C has been filed seeking bail in Case Crime No.174 of 2021 under Sections 386, 307, 506, 120-B IPC Police Station Gujaini District Kanpur Nagar.

¶3Learned counsel for the accused-applicant submitted that the applicant is innocent and has been falsely implicated in the instant case due to ulterior motive. The instant case was registered on the basis of application moved by the informant under Section 156(3) Cr.P.C. No allegation has been levelled against the present applicant except that he pressurized the informant to enter into compromise. The informant has lodged several FIRs against the applicant only to harass the applicant. Apart from the instant case the applicant has criminal history of 31 cases which are explained in the affidavit filed in support of the bail application. A table has also been appended with the affidavit to demonstrate the criminal history of the applicant. A perusal of the aforesaid table (annexure 10) goes to show that the applicant has been enlarged on bail in nineteen cases and in three cases final report has been submitted and in some cases bail application are yet to be filed. Identically situated co-accused Sumit Awasthi has already been enlarged on bail by co-ordinate Bench of this Court in Criminal Misc. Bail Application No. 11480 of 2023, vide order dated 19.07.2023. The applicant is seeking parity in relief granted to the aforesaid co-accused. The applicant is languishing in jail since 24.9.2022, in case he is enlarged on bail, he will not misuse the liberty of bail and will cooperate in the trial proceedings.

¶4On the other hand, learned AGA has opposed the prayer for bail but could not controvert the aforesaid factual matrix.

¶5Considering the facts and circumstances of the case and taking into account that no specific allegation has been levelled against the present applicant, the undertaking given by the applicant that he will not misuse the liberty of bail if he is enlarged on bail, the case is triable by Magistrate, the case of the applicant is covered by the law laid down by Supreme Court in the case of Satyendra Kumar Antil Vs. Central Bureau of Investigation and another 2022 (10) SCC 51, charge sheet has also been submitted that there is no possibility of the applicant tampering with the evidence and fleeying from the jurisdiction of the court and without expressing any opinion on the merit of the case, it would be appropriate to enlarge the accused-applicant on bail.

¶6The bail application is allowed.

¶7Let applicant Vivek Tripathi be released on bail in the above case crime number on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of Court concerned with the following conditions :-

(i) 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.

(ii) 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 himM under Section 229-A of the Indian Penal Code.

(iii) 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.

(iv) The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 313 Cr.P.C. If in the opinion of the trial court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against him in accordance with law.

(v) The applicant shall also furnish an undertaking from the sureties that the properties (movable/immovable) which are the basis of accepting the surety, shall not be disposed of by them till the conclusion of trial.

(vi) The applicant shall also give an undertaking to the effect that he will not change his address without prior intimation to the trial court concerned. (Renu Agarwal,J.) Order Date :- 17.10.2023 Nadeem High Court of Judicature at Allahabad