Allahabad High Court
Case Details
HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 7882 of 2025 Ashish Kumar Tripathi State of U.P. and Another Versus .....Applicant(s) .....Opposite Party(s) Counsel for Applicant(s) Counsel for Opposite Party(s) : Arpan Kumar Pandey, Shishir Tandon : G.A. Court No. - 72 HON'BLE JITENDRA KUMAR SINHA, J. 1. The case is taken up on mentioning.
Legal Reasoning
2. Heard Shri Shishir Tandon, learned counsel for the applicant, Shri B.P. Singh, learned A.G.A. for the State and perused the record. 3. The present application has been moved seeking anticipatory bail in Case Crime no.261 of 2021, under Sections 409, 420, 467, 468, 471, 323, 504, 506, 120-B of IPC, Police Station Kotwali Shahar, District Bijnor, with the prayer that in the event of arrest, applicant may be released on bail. 4. It has been argued by the learned counsel for the applicant that applicant is innocent and he has been falsely implicated in this case. It is further submitted that the applicant was not a Director on the relevant point of time and has already resigned from the Company in the year 2010. It is further submitted that the co-accused persons, namely, Awadhesh Sharma, Ajay Kumar Dueby, Smt. Indu Dubey, Rohit Kumar Upadhyay and Ajay Kumar Pandey have been granted anticipatory bail by the Co-ordinate Benches of this Court vide orders dated 18.10.2023, 24.07.2024, 08.08.2024, 18.06.2025 and 23.06.2025 passed in Criminal Misc. Anticipatory Bail Application U/s 438 Cr.P.C. Nos.11246 of 2023, 6170 of 2024, 7062 of 2024, 4437 of 2025, 4866 of 2025 and other co-accused, namely, Alok Tripathi, Durga Prasad Dubey, Vishambhar Nath Dubey and Amit Kumar Mishra have been granted regular bail by Co-ordinate Benches of this Court vide orders dated 29.05.2023, 20.11.2023, 14.06.2024 and 29.07.2024 passed in Criminal Misc. Bail Application Nos.21859 of 2023, 49171 of 2023, 20341 of 2024, 2 NABAIL No. 7882 of 2025 27739 of 2024. It is further submitted that the case of the applicant is much better than the co-accused, who have been granted anticipatory bail as well as regular bail. It is also submitted that the applicant is having criminal history of five cases, which have been explained in paragraph 30 of the memo of application as well as in paragraph 4 of the supplementary affidavit. It was also submitted that applicant undertakes to co-operate during trial and he would appear as and when required by the investigating agency or Court. It has been stated that in case, applicant is granted anticipatory bail, he shall not misuse the liberty of bail and will co-operate with the investigation and would obey all conditions of bail. 5. On the other hand, learned A.G.A. has opposed the application for anticipatory bail and submitted that the investigation against the applicant is still under progress and he is not cooperating in the investigation. 6. It is further submitted that the applicant was not a Director on the relevant point of time and has already resigned from the Company. It is further submitted that the co-accused persons, namely, Awadhesh Sharma, Ajay Kumar Dueby, Smt. Indu Dubey, Rohit Kumar Upadhyay and Ajay Kumar Pandey have been granted anticipatory bail by the Co-ordinate Benches of this Court vide orders dated 18.10.2023, 24.07.2024, 08.08.2024, 18.06.2025 and 23.06.2025 passed in Criminal Misc. Anticipatory Bail Application U/s 438 Cr.P.C. Nos.11246 of 2023, 6170 of 2024, 7062 of 2024, 4437 of 2025, 4866 of 2025 and other co-accused, namely, Alok Tripathi, Durga Prasad Dubey, Vishambhar Nath Dubey and Amit Kumar Mishra have been granted regular bail by Co-ordinate Benches of this Court vide orders dated 29.05.2023, 20.11.2023, 14.06.2024 and 29.07.2024 passed in Criminal Misc. Bail Application Nos.21859 of 2023, 49171 of 2023, 20341 of 2024, 27739 of 2024. It is further submitted that the case of the applicant is much better than the co-accused, who have granted anticipatory bail as well as regular bail. It is also submitted that the applicant is having criminal history of five cases, which have been explained in paragraph 30 of the memo of application as well as in paragraph 4 of the supplementary affidavit. 7. It may be stated that in case of Siddharam Satlingappa Mhetre v. State of Maharashtra, (2011) 1 SCC 694, it has been held by Hon'ble Supreme Court that while deciding anticipatory bail, Court must consider nature and gravity of accusation, antecedent of accused, possibility of accused to flee from justice and that Court must evaluate entire available material against 3 NABAIL No. 7882 of 2025 the accused carefully and that the exact role of the accused has also to be taken into consideration. 8. In the instant case, considering the settled principle of law regarding anticipatory bail, submissions of the learned counsel for the parties, role of applicant and all attending facts and circumstances of the case, without expressing any opinion on merits, a case for anticipatory bail is made out. 9. The anticipatory bail application is allowed. 10. In the event of arrest of the applicant- Ashish Kumar Tripathi involved in the aforesaid case crime shall be released on anticipatory bail on his furnishing a personal bond of Rs. 50,000/- with two sureties each in the like amount to the satisfaction of the Court concerned, with the following conditions :- (i) The applicant shall not tamper with evidence and that he would appear before the trial Court on the date fixed unless exempted by the Court concerned; (ii) 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/her/them from disclosing such facts to the Court or to any police officer; (iii) The applicant would co-operate during trial and would not misuse the liberty of bail. (iv) The applicant shall not leave India without prior permission of the Court concerned. 11. In default of any of the conditions, the prosecution shall be at liberty to file appropriate application for cancellation of anticipatory bail granted to the applicant. October 13, 2025 RKM (Jitendra Kumar Sinha,J.) Digitally signed by :- RAJESH KUMAR MAURYA High Court of Judicature at Allahabad