High Court · 2025

Applicant :- Arvind Kumar Tripathi Opposite Party :- State Of U.P. Thru. Prin. Secy. Home U.P. Lko. And Another Counsel for Applicant :- Rishabh Srivastava Counsel for Opposite Party :- G.A. Hon'ble Manish Mathur,J.

1. Heard learned counsel for the applicant and learned A.G.A. for opposite party No.1. No one has put in appearance on behalf of opposite party Nos.2 and 3.

2. The instant first anticipatory bail application has been moved by the applicant-Arvind Kumar Tripathi, in F.I.R./Case Crime No.405 of 2004, under Section 364 I.P.C., Police Station- Kotwali Nagar, District- Gonda, with the prayer to enlarge him on anticipatory bail, as he is apprehending arrest in the above- mentioned case.

3. Earlier vide order dated 3.12.2024, interim anticipatory bail was granted to the applicant which is as follows :- "Heard learned counsel for the applicant, learned AGA 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.405 of 2024, under Section 364 I.P.C. Police Station Kotwali Nagar, District Gonda. Contention of learned counsel for the applicant is that the applicant is innocent and he has falsely been implicated in the present case. He submits that identically situated co-accused Brij Kishore has already been granted bail by this Court in Criminal Misc. Anticipatory Bail Application U/S 438 Cr.P.C. No.2214 of 2024, vide order dated 24.10.2024 and the case of the applicant is on the same footing. He also submits that charge sheet has been filed and there is no complaint that the applicant has ever not co-operated in such proceedings. He further submits that the applicant has no previous criminal history, which has been explained in para 30 of the application 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 AGA appearing for the State has opposed the contentions aforesaid and submitted that the applicant is named in the F.I.R. and there is sufficient proof that he has committed cheat and fraud, as such, he is not entitled to any relief. But, he could not dispute the fact that identically situated co-accused has already been granted interim anticipatory bail by this Court. 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 Arvind Kumar Tripathi shall be released forthwith in the aforesaid case crime (supra) on 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 second week of January 2025 as fresh. In the meantime, learned counsel for the State shall file the counter affidavit. "

4. On the basis of instructions, learned A.G.A. submits that subsequently charge-sheet has already been filed in the matter after statement of applicant was recorded.

5. Considering the aspects already considered in the order dated 3.12.2024 and since charge sheet has been filed, the interim anticipatory bail granted earlier to the applicant is made absolute. Thus, in view of law laid down by Hon'ble Supreme Court in Sushila Aggarwal Vs. State (NCT of Delhi) and another : (2020) 5 SCC 1, it would be appropriate to grant anticipatory bail to the applicant under Section 438 Cr.P.C./482 BNSS.

7. In view of the above, it is provided that in the event of arrest, the applicant- Arvind Kumar Tripathi shall be released on anticipatory bail in the aforesaid Case Crime number on his furnishing a personal bond with two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:- (i) 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 tamper with the evidence; (ii)The applicant shall not leave India without previous permission of the Court; (iii) The applicant shall not pressurize/intimidate the prosecution witness; (iv) The applicant shall appear before the trial court on each date fixed unless personal presence is exempted; (v) In case of breach of any of the above conditions the court below shall have the liberty to cancel the bail;

8. Any other reasonable restrictions/ conditions which the trial court may deem fit and proper can be imposed.

9. It is made clear that the observations made in granting anticipatory bail to the applicant shall not in any way affect the trial judge in forming his independent opinion based on the testimony of the witness.

10. The application stands disposed of. Order Date :- 9.4.2025 prabhat PRABHAT KUMAR PRABHAT KUMAR High Court of Judicature at Allahabad, High Court of Judicature at Allahabad, Lucknow Bench Lucknow Bench

Applicant :- Arvind Kumar Tripathi Opposite Party :- State Of U.P. Thru. Prin. Secy. Home U.P. Lko. And Another Counsel for Applicant :- Rishabh Srivastava Counsel for Opposite Party :- G.A. Hon'ble Manish Mathur,J.

1. Heard learned counsel for the applicant and learned A.G.A. for opposite party No.1. No one has put in appearance on behalf of opposite party Nos.2 and 3.

2. The instant first anticipatory bail application has been moved by the applicant-Arvind Kumar Tripathi, in F.I.R./Case Crime No.405 of 2004, under Section 364 I.P.C., Police Station- Kotwali Nagar, District- Gonda, with the prayer to enlarge him on anticipatory bail, as he is apprehending arrest in the above- mentioned case.

3. Earlier vide order dated 3.12.2024, interim anticipatory bail was granted to the applicant which is as follows :- "Heard learned counsel for the applicant, learned AGA 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.405 of 2024, under Section 364 I.P.C. Police Station Kotwali Nagar, District Gonda. Contention of learned counsel for the applicant is that the applicant is innocent and he has falsely been implicated in the present case. He submits that identically situated co-accused Brij Kishore has already been granted bail by this Court in Criminal Misc. Anticipatory Bail Application U/S 438 Cr.P.C. No.2214 of 2024, vide order dated 24.10.2024 and the case of the applicant is on the same footing. He also submits that charge sheet has been filed and there is no complaint that the applicant has ever not co-operated in such proceedings. He further submits that the applicant has no previous criminal history, which has been explained in para 30 of the application 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 AGA appearing for the State has opposed the contentions aforesaid and submitted that the applicant is named in the F.I.R. and there is sufficient proof that he has committed cheat and fraud, as such, he is not entitled to any relief. But, he could not dispute the fact that identically situated co-accused has already been granted interim anticipatory bail by this Court. 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 Arvind Kumar Tripathi shall be released forthwith in the aforesaid case crime (supra) on 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 second week of January 2025 as fresh. In the meantime, learned counsel for the State shall file the counter affidavit. "

4. On the basis of instructions, learned A.G.A. submits that subsequently charge-sheet has already been filed in the matter after statement of applicant was recorded.

5. Considering the aspects already considered in the order dated 3.12.2024 and since charge sheet has been filed, the interim anticipatory bail granted earlier to the applicant is made absolute. Thus, in view of law laid down by Hon'ble Supreme Court in Sushila Aggarwal Vs. State (NCT of Delhi) and another : (2020) 5 SCC 1, it would be appropriate to grant anticipatory bail to the applicant under Section 438 Cr.P.C./482 BNSS.

7. In view of the above, it is provided that in the event of arrest, the applicant- Arvind Kumar Tripathi shall be released on anticipatory bail in the aforesaid Case Crime number on his furnishing a personal bond with two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:- (i) 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 tamper with the evidence; (ii)The applicant shall not leave India without previous permission of the Court; (iii) The applicant shall not pressurize/intimidate the prosecution witness; (iv) The applicant shall appear before the trial court on each date fixed unless personal presence is exempted; (v) In case of breach of any of the above conditions the court below shall have the liberty to cancel the bail;

8. Any other reasonable restrictions/ conditions which the trial court may deem fit and proper can be imposed.

9. It is made clear that the observations made in granting anticipatory bail to the applicant shall not in any way affect the trial judge in forming his independent opinion based on the testimony of the witness.

10. The application stands disposed of. Order Date :- 9.4.2025 prabhat PRABHAT KUMAR PRABHAT KUMAR High Court of Judicature at Allahabad, High Court of Judicature at Allahabad, Lucknow Bench Lucknow Bench