Vidhu Mahesh Tripathi v. State of U.P. and Another

Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 52573 of 2023 Applicant :- Vidhu Mahesh Tripathi Opposite Party :- State of U.P. and Another Counsel for Applicant :- Saumitra Dwivedi Counsel for Opposite Party :- G.A. Hon'ble Dr. Gautam Chowdhary,J.

¶1Heard Sri Vinay Saran, learned Senior Counsel assisted by Sri Saumitra Dwivedi, learned counsel for the applicant, learned A.G.A for the State, Sri Surendra Kumar Tripathi, learned counsel for the informant and perused the record.

¶2The prosecution story in brief is that the first informant and his father were present in their house, all of sudden, the applicant came to their house and demanded his money from his father, who sought sometime, thus some altercation took place between them and had snatched away the mobile of his father which was objected all of sudden the applicant and one Suraj assaulted his father as well as the informant with bait of Kudal to which they sustained injuries and were examined at Sahjanwa Samudayik Swastha Kendra, thereafter referred to Sadar Hospital, Gorakhpur, where his father was declared dead.

¶3Learned counsel for the applicant submits that perusal of averments of the F.I.R. goes to show that no date and time of incident has been mentioned in the F.I.R. whereas, allegations are that the applicant and the co-accused Suraj have assaulted the deceased as well as the injured. He further submits that post mortem report also demonstrate that two ante mortem injuries were sustained by the deceased and the cause of death is coma as a result of ante-mortem injuries but it is not known as to who was the author of the injury. He next argued that so far as the injury of the injured Abhishek Tripathi is concerned, he has been advised for CT head and X-Ray left forearm, however in the statement of Dr. Vijay Kumar Singh, Radiologist recorded under Section 161 Cr.P.C. it has been specifically stated that no fracture is seen in the X-Ray report as well as C.T. Scan is also normal. It is thus contended that the incident is alleged to have taken place at the spur of the moment. Learned counsel has next argued that the alleged recovery has been made from the joint pointing of the applicant and the co-accused, thus the same also became doubtful. Several other submissions in order to demonstrate the falsity of the allegations made against the applicant have also been placed before the Court. The circumstances which, according to the counsel, led to the false implication of the accused have also been mentioned. It has also been assured on behalf of the applicant that he is ready to cooperate with the process of law and shall faithfully make himself available before the court whenever required and is also ready to accept all the conditions which the Court may deem fit to impose upon him. He next submits that applicant is languishing in jail since 15.09.2023, having no criminal history.

¶4Per contra, learned A.G.A. as well as learned counsel for the informant haveopposed the prayer for bail of the applicant by contending that the innocence of the applicant cannot be adjudged at pre trial stage, therefore, he does not deserve any indulgence.

¶5After perusing the record in the light of the submissions made at the bar and after taking an overall view of all the facts and circumstances of this case, the nature of evidence and also the absence of any convincing material to indicate the possibility of tampering with the evidence, without expressing any opinion on merits of the case, this Court is of the view, that the applicant may be enlarged on bail.

¶6Let applicant Vidhu Mahesh Tripathi involved in Case Crime No.446 of 2023 under Sections 302, 394, 323, 411 I.P.C., Police Station Sahajanwa District Gorakhpur be released on bail on furnishing a personal bond and two heavy local sureties each of the like amount to the satisfaction of the court concerned subject to the following conditions:-

(i) The applicant will not tamper with prosecution evidence and will not harm or harass the victim/complainant in any manner whatsoever.

(ii) The applicant will abide the orders of court, will attend the court on every date and will not delay the disposal of trial in any manner whatsoever.

(iii) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the date 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.

(iv) The applicant will not misuse the liberty of bail in any manner whatsoever. 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., may be issued and if 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 I.P.C.

(v) The applicant shall remain present, in person, before the trial court on dates fixed for (1) opening of the case, (2) framing of charge and (3) 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 and the trial court may proceed against him under Section 229-A IPC.

(vi) The trial court may make all possible efforts/endeavour and try to conclude the trial expeditiously after the release of the applicant.

¶7The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail in accordance with law.

¶8The bail application is allowed. Order Date :- 15.12.2023 S.Ali High Court of Judicature at Allahabad