Prabha Shankar Tripathi v. State of U.P

Court No. - 74 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 50689 of 2023 Applicant :- Prabha Shankar Tripathi Opposite Party :- State of U.P. Counsel for Applicant :- Aniruddha Ojha,Nitin Sharma Counsel for Opposite Party :- G.A.,Ajay Kumar Jagdish,Prabha Shanker Mishra,Ram Kumar Dubey Hon'ble Vivek Varma,J.

¶1Heard learned counsel for the applicant, Sri V.K. Tiwari, learned A.G.A. for the State-opposite party, and Sri Ajay Kumar Jagdish, learned counsel for the informant.

¶2The instant bail application under Section 439 Cr.P.C. has been filed with the prayer to enlarge the applicant on bail in Case Crime No. 514 of 2023, under Sections 147, 148, 149, 323, 504, 506, 307 I.P.C. and 7 Criminal Law Amendment Act, Police Station Handia, District Prayagraj during the pendency of the trial.

¶3Learned counsel for the applicant submits that the applicant has been falsely implicated in the instant case. In the first information report seven persons including the applicant are nominated. The applicant is alleged to have caused firearm injury on the left thigh of Saurabh. It is contended that the injury is on non-vital part of the body. The applicant did not have any intention to murder the injured. It is next contended that there is a cross-version of the incident. The applicant has also received injury. The aggressor is still to be ascertained. At this stage there is no clarity with regard to role of the applicant. The criminal history of the applicant has been explained in Paragraph-32 of the affidavit. The applicant is in jail since 19.09.2023 and if he is released on bail, he will not misuse the said liberty.

¶4Learned A.G.A. and learned counsel for the informant have opposed the prayer for bail but could not satisfactorily dispute the aforesaid submissions from the record.

¶5Having heard learned counsel for the parties and after perusal of the record, this Court prima facie finds that the injury is on non-vital part of the body. There is a cross-version of the incident. The applicant has also received injury. At this stage there is no clarity with regard to role of the applicant. Moreover, the applicant has remained confined for more than two months and after submission of the charge-sheet there is no hope of early conclusion of trial, and no reasonable apprehension has been brought to the fore by the State that the applicant, if enlarged on bail, would either tamper with the evidence or delay the trial or intimidate the witness, therefore, without commenting on the merits of the case, I am of the opinion that the applicant is entitled to be enlarged on bail.

¶6Let the applicant-Prabha Shankar Tripathi, involved in the aforesaid case, be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of Court concerned subject to the conditions that he:

(i) shall appear on the date fixed by the trial court;

(ii) shall not tamper with the prosecution evidence; and,

(iii) shall not pressurize the prosecution witnesses.

¶7In case of breach of any of the above conditions, the prosecution shall be at liberty to move bail cancellation application before this Court. Order Date :- 28.11.2023 SKT/- High Court of Judicature at Allahabad