Aditya Tripathi @ Aditya Kumar Tripathi v. State of U.P. Thru. Prin. Secy. Home, Lucknow

Court No. - 16 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 14121 of 2023 Applicant :- Aditya Tripathi @ Aditya Kumar Tripathi Opposite Party :- State Of U.P. Thru. Prin. Secy. Home, Lucknow Counsel for Applicant :- Anand Dubey,Suresh Chandra Pandey Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J.

¶1Heard Sri Anand Dubey, the learned counsel for the applicant, Sri Virendra Kumar, learned A.G.A. for the State and perused the records.

¶2The instant application has been filed seeking release of the applicant on bail in Case Crime No.0006 of 2020, under Sections 420/467/468/471/204/120-B I.P.C., registered at Police Station S.I.T. Lucknow, District Lucknow.

¶3The aforesaid case has been registered on the basis of an F.I.R. lodged on 12.05.2020 against five persons for commission of offences under Sections 420, 406 I.P.C. alleging that a society named Society for Rural Education Environment took money from about 1350 persons in the name of getting them employed. The applicant was working as zonal coordinator of the aforesaid society. It is alleged that several persons got appointed through the society and they were paid salary also for some time but thereafter their salary was stopped.

¶4In the affidavit filed in support of bail application it has been stated that the applicant is innocent and he has been falsely implicated in the present case. In the affidavit filed in support of bail application the applicant's involvement in Case Crime No.5 of 2020, under Section 420, 468, 471, 120-B I.P.C. P.S. SIT, District Lucknow has been disclosed in which he has been granted bail by means of an order dated 24.11.2023, passed in Criminal Misc. Bail Application No.13795 of 2023. That F.I.R. was lodged alleging non-refund of money alleging the same society.

¶5The learned A.G.A. has opposed the prayer for bail but he could not dispute the aforesaid aspects of the matter.

¶6Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the F.I.R. alleges a fraud committed by a society against 1350 persons but except the informant no other person has made any such complaint against the society or against the present applicant; that even as per the F.I.R. allegation the persons employed were paid salary for some time as prima facie it appears that the F.I.R. has been lodged after some dispute occurred in payment of salary, which predominantly appears to be a civil dispute; that the applicant is languishing in jail since 03.10.2023 and without making any observation, which may affect the merits of the case, I am of the view that the aforesaid facts are sufficient for making out a case for enlargement of the applicant on bail in the aforesaid crime.

¶7Accordingly, this bail application stands allowed.

¶8Let the applicant-Aditya Tripathi @ Aditya Kumar Tripathi be released on bail in the aforesaid case on furnishing a personal bond and two sureties each in the like amount to the satisfaction of magistrate/court concerned, subject to following conditions:-

(i) the applicant shall not tamper with the prosecution evidence;

(ii) the applicant shall not pressurize the prosecution witnesses;

(iii) the applicant shall appear on each and every date fixed by the trial court. (Subhash Vidyarthi, J.) Order Date :- 30.11.2023 Ram. High Court of Judicature at Allahabad, Lucknow Bench