High Court
Case Details
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Applicant :- Devendra Tripathi Opposite Party :- State Of U.P. Thru. Addl. Prin. Secy. Home Deptt. U.P. Lko. And Another Counsel for Applicant :- Arvind Kumar Srivastava,Pradeep Rastogi Counsel for Opposite Party :- G.A.,Rakesh Dwivedi Hon'ble Shree Prakash Singh,J. Case is called out in the revised list. No one is present on behalf of the complainant. Heard learned counsel for the applicant, learned AGA for the State and perused the material placed on record. Instant application has been filed with the prayer to enlarge the applicant on anticipatory bail in FIR No. 0228 of 2023, under Sections 147, 323, 325, 427, 452, 354 IPC, Police Station Jalalpur, District Ambedkar Nagar. From perusal of the order sheet, it appears that on 19.12.2024, the following order was passed wherein the present applicant has been granted interim anticipatory bail:- "Sri Rakesh Dwivedi, learned counsel appearing for the opposite party no.2 has filed vakalatnama, which is taken on record. Heard learned counsel for the applicant, Sri Rakesh Dwivedi, learned counsel for the opposite party no.2, learned A.G.A. for the State and perused the record. The instant anticipatory bail application has been filed on behalf of the applicant with the prayer to release him on anticipatory bail in Case Crime No.0228 of 2023, under Sections 147, 323, 325, 427, 452, 354 I.P.C., Police Station Jalalpur, District Ambedkarnagar. Contention of learned counsel for the applicant is that the applicant is innocent and he has falsely been implicated in the instant matter. He submits that within spur of moment, the incident took place and both the parties have received injuries and this cannot be ascertained at this stage as to which party was aggressor. He also submits that charge sheet has been filed, as such, there is no complaint that the applicant has ever absconded from the investigating proceedings. He further submits that the applicant is undertaking that he will remain present before the trial court as and when required. He further submits that the applicant has two cases criminal history and he is a law abiding citizen and he has acute apprehension of being arrested by the police, as such, he may be granted anticipatory bail which he will not misuse. On the other hand, learned counsel for the opposite party no.2 has vehemently opposed the prayer and submitted that there are four injured and one of them has received serious injuries that too is on the scalp of the injured. He further submits that the applicant has two cases criminal history, as such, he is not entitled to any relief. Learned AGA appearing for the State has also supported the version of the learned counsel for the applicant and submits that the applicant is not entitled to any relief. Considering the aforesaid facts and circumstances of the case and after perusal of the record, this Court find it to be a fit case of anticipatory bail. Till the next date of listing, the present applicant Devendra Tripathi shall be released forthwith in the aforesaid case crime (supra) on an interim anticipatory bail on his furnishing personal bond and two solvent sureties each in the like amount to the satisfaction of the court concerned with the following conditions:- (i) that the applicant shall make himself available for interrogation by a police officer as and when required; (ii) that the applicant shall not, directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the court or to any police officer or tamper with the evidence; (iii) that the applicant shall not leave India without the previous permission of the court; (iv) that in case charge sheet is submitted the applicant shall not tamper with the evidence during the trial; (v) that the applicant shall not pressurize/ intimidate the prosecution witness; (vi) that the applicant shall appear before the trial court on each date fixed unless personal presence is exempted; (vii) that in case of breach of any of the above conditions the court concerned shall have the liberty to cancel the bail. List/put up this matter in the fourth week of January 2025. In the meantime, learned counsel for the State shall file the counter affidavit. The office is directed to print name of Sri Rakesh Dwivedi as counsel for the opposite party in the next cause list." From perusal of the order dated 19.12.2024, it transpires that State counsel has failed to demonstrate that there is any adversarial fact which are pleaded in the bail application. This Court finds that the applicant was enlarged on an interim anticipatory bail after thoroughly considering the merits of the case. Counter affidavit has been filed by the State Counsel and the chargesheet has also been filed in the matter. The learned counsel for the State has also failed to submit any fact that the applicant is not cooperating with the investigation proceeding or otherwise any glaring fact which can adversely affect the merit of the case. In view of the aforesaid, the present anticipatory bail application is hereby allowed while extending anticipatory bail to the applicant, namely, Devendra Tripathi till disposal of the trial subject to the following conditions:- (i) that the applicant shall make himself available for interrogation by a police officer as and when required; (ii) that the applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence; (iii) that the applicant shall not leave India without the previous permission of the court; (iv) that the applicant shall appear before the trial court on each date fixed, unless personal presence is exempted; (v) that the applicant shall not pressurize/intimidate the prosecution witness. In case of default, it would be open for the Investigating Agency to move application for vacation of this protection. Order Date :- 20.2.2025 kkv/
Applicant :- Devendra Tripathi Opposite Party :- State Of U.P. Thru. Addl. Prin. Secy. Home Deptt. U.P. Lko. And Another Counsel for Applicant :- Arvind Kumar Srivastava,Pradeep Rastogi Counsel for Opposite Party :- G.A.,Rakesh Dwivedi Hon'ble Shree Prakash Singh,J. Case is called out in the revised list. No one is present on behalf of the complainant. Heard learned counsel for the applicant, learned AGA for the State and perused the material placed on record. Instant application has been filed with the prayer to enlarge the applicant on anticipatory bail in FIR No. 0228 of 2023, under Sections 147, 323, 325, 427, 452, 354 IPC, Police Station Jalalpur, District Ambedkar Nagar. From perusal of the order sheet, it appears that on 19.12.2024, the following order was passed wherein the present applicant has been granted interim anticipatory bail:- "Sri Rakesh Dwivedi, learned counsel appearing for the opposite party no.2 has filed vakalatnama, which is taken on record. Heard learned counsel for the applicant, Sri Rakesh Dwivedi, learned counsel for the opposite party no.2, learned A.G.A. for the State and perused the record. The instant anticipatory bail application has been filed on behalf of the applicant with the prayer to release him on anticipatory bail in Case Crime No.0228 of 2023, under Sections 147, 323, 325, 427, 452, 354 I.P.C., Police Station Jalalpur, District Ambedkarnagar. Contention of learned counsel for the applicant is that the applicant is innocent and he has falsely been implicated in the instant matter. He submits that within spur of moment, the incident took place and both the parties have received injuries and this cannot be ascertained at this stage as to which party was aggressor. He also submits that charge sheet has been filed, as such, there is no complaint that the applicant has ever absconded from the investigating proceedings. He further submits that the applicant is undertaking that he will remain present before the trial court as and when required. He further submits that the applicant has two cases criminal history and he is a law abiding citizen and he has acute apprehension of being arrested by the police, as such, he may be granted anticipatory bail which he will not misuse. On the other hand, learned counsel for the opposite party no.2 has vehemently opposed the prayer and submitted that there are four injured and one of them has received serious injuries that too is on the scalp of the injured. He further submits that the applicant has two cases criminal history, as such, he is not entitled to any relief. Learned AGA appearing for the State has also supported the version of the learned counsel for the applicant and submits that the applicant is not entitled to any relief. Considering the aforesaid facts and circumstances of the case and after perusal of the record, this Court find it to be a fit case of anticipatory bail. Till the next date of listing, the present applicant Devendra Tripathi shall be released forthwith in the aforesaid case crime (supra) on an interim anticipatory bail on his furnishing personal bond and two solvent sureties each in the like amount to the satisfaction of the court concerned with the following conditions:- (i) that the applicant shall make himself available for interrogation by a police officer as and when required; (ii) that the applicant shall not, directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the court or to any police officer or tamper with the evidence; (iii) that the applicant shall not leave India without the previous permission of the court; (iv) that in case charge sheet is submitted the applicant shall not tamper with the evidence during the trial; (v) that the applicant shall not pressurize/ intimidate the prosecution witness; (vi) that the applicant shall appear before the trial court on each date fixed unless personal presence is exempted; (vii) that in case of breach of any of the above conditions the court concerned shall have the liberty to cancel the bail. List/put up this matter in the fourth week of January 2025. In the meantime, learned counsel for the State shall file the counter affidavit. The office is directed to print name of Sri Rakesh Dwivedi as counsel for the opposite party in the next cause list." From perusal of the order dated 19.12.2024, it transpires that State counsel has failed to demonstrate that there is any adversarial fact which are pleaded in the bail application. This Court finds that the applicant was enlarged on an interim anticipatory bail after thoroughly considering the merits of the case. Counter affidavit has been filed by the State Counsel and the chargesheet has also been filed in the matter. The learned counsel for the State has also failed to submit any fact that the applicant is not cooperating with the investigation proceeding or otherwise any glaring fact which can adversely affect the merit of the case. In view of the aforesaid, the present anticipatory bail application is hereby allowed while extending anticipatory bail to the applicant, namely, Devendra Tripathi till disposal of the trial subject to the following conditions:- (i) that the applicant shall make himself available for interrogation by a police officer as and when required; (ii) that the applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence; (iii) that the applicant shall not leave India without the previous permission of the court; (iv) that the applicant shall appear before the trial court on each date fixed, unless personal presence is exempted; (v) that the applicant shall not pressurize/intimidate the prosecution witness. In case of default, it would be open for the Investigating Agency to move application for vacation of this protection. Order Date :- 20.2.2025 kkv/