Rakesh Kumar Tripathi v. State of U.P. Thru. Prin. Secy. Home U.P. Govt. Lko

Court No. -15 Case :-CRIMINAL MISC. BAIL APPLICATION No. -12080 of 2024 Applicant :-Rakesh Kumar Tripathi Opposite Party :-State Of U.P. Thru. Prin. Secy. Home U.P. Govt. Lko. Counsel for Applicant :-Dileep Kumar Pathak Counsel for Opposite Party :-G.A. Hon'ble Shree Prakash Singh,J. Counter affidavit filed today by the State is taken on record. Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record. The instant bail application has been filed on behalf of the applicant with the prayer to release him on bail during the trial in Case Crime No. 08 of 2023, under Sections 419, 420, 467, 468, 471, 120B, 204, 166, 506 of the I.P.C. and 7A of P.C. Act, Police Station-S.I.T., District-Lucknow. Contention of learned counsel for the applicant is that the applicant is innocent and has falsely been implicated in the instant matter due to ulterior motive. He next added that only allegation against the applicant is that he is involved in the gang of fraudulent persons, who have committed cheat and fraud while got executed the deeds of probates in favour of some persons. He added that in fact there is no cogent piece of evidence against the applicant so as to connect him in the instant matter and due to anonymity, his name has been placed in the first information report. He submits that there are 25 cases criminal history of the applicant starting from the year 2022 and number of cases have been imposed as one of the authority is annoyed with with the applicant. He added that the applicant is a law abiding citizen and he is languishing in jail since 17-12-2022 and there is no possibility that the trial will conclude in near future. Further added that the applicant will remain present before the trial court and would not jump the conditions of the bail. Per contra, learned AGA appearing for the State has opposed the contentions aforesaid and submits that the applicant is involved in committing offence and there are 25 cases criminal history of the applicant and that too, is of the same nature and there is ample evidence against him and as such, he is not entitled for any relief. Having heard learned counsels for the parties and after perusal of material placed on record, it transpires that the applicant seems to be in no way beneficiary as per the narration in the first information report; the applicant has explained 25 cases criminal history; applicant is languishing in jail since 17-12-2022 coupled with the fact that he has undertaken that if he is granted bail, he will not misuse the liberty of the same and would cooperate in the trial proceedings. Considering the submissions of learned counsel of both sides, nature of accusation and severity of punishment in case of conviction, nature of supporting evidence, prima facie satisfaction of the Court in support of the charge, reformative theory of punishment and considering larger mandate of the Article 21 of the Constitution of India and, without expressing any view on the merits of the case, I find it to be a fit case of bail. Let the applicant-Rakesh Kumar Tripathi involved in the aforementioned crime be released on bail, on his furnishing a personal bond and two sureties each in the like amount, to the satisfaction of the court concerned, with the following conditions:-

(1) The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, or otherwise during the investigation or trial;

(2) 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. He 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 him under Section 229-A of the Indian Penal Code;

(3) 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.; and

(4) 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, the trial court shall initiate proceedings against him, in accordance with law under Section 174-A of the Indian Penal Code. The identity, status and residential proof of sureties will be verified by the court concerned and in case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail and send the applicant to prison. It is clarified that the observations made in this order are strictly confined to the disposal of this bail application and must not be construed to have any reflection on the merits of the case. Order Date :- 19.12.2024 Shravan High Court of Judicature at Allahabad, Lucknow Bench