Allowed

Shailendra Tripathi v. State of U.P.

Allahabad HC17 Dec 2019BAIL/25775/2019

Case brief

AI extract

What is this about?

This is a bail application where the applicant, charged with offences under Sections 406, 504, and 506 IPC, was already in judicial custody. The court allowed the application, releasing the applicant on bail with personal bond and instruments on the conditions of not tampering with evidence or influencing witnesses.

What did the court decide?

Applicant released on bail on furnishing personal bond and two heavy sureties.

Shailendra Tripathi Vs State of U.P. — Bail and Remand | Allahabad HC (2019)

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Court No. - 84

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 25775 of 2019

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Applicant :- Shailendra Tripathi Opposite Party :- State of U.P. Counsel for Applicant :- Ganesh Mani,Santosh Kumar Giri Counsel for Opposite Party :- G.A.,Syed Imran Ibrahim

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Hon'ble Raj Beer Singh,J.

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Supplementary counter affidavit filed in Court today, is taken on record.

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Heard learned counsel for the applicant, learned counsel for the complainant, learned A.G.A. for the State and perused the record.

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The present bail application has been filed by the applicant in case crime No. 170/2015, under Sections 406, 504, 506 IPC, police station Barra, District Kanpur Nagar with the prayer to enlarge the applicant on bail.

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It has been argued by learned counsel for the applicant that the accused-applicant has been falsely implicated in this case and he was merely working as a Sales Representative in the said company and his duty was only to obtain orders and not to collect any amount. It was stated that during investigation, applicant was granted protection against his arrest, till submission of charge-sheet and that after filing of charge-sheet, he could not receive any summon or warrant and thus, could not appear before the trial court. It was submitted that the applicant is in judicial custody since 25.05.2019 and in case, applicant is enlarged on bail, the applicant will not misuse the liberty of bail. It has further been argued that criminal history of the applicant has been duly explained in the affidavit filed in support of the bail application.

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Learned A.G.A. as well as learned counsel for the complainant have opposed the prayer for bail and argued that there is documentary evidence to indicate that applicant has collected amount on behalf of the company and after that collection, he has misappropriated the amount of Rs. 2,06,145/-. It was further submitted that after filing of charge-sheet, applicant has absconded and did not appear before the court for four years.

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Considering the submissions of learned counsel for the parties, facts of the case, nature of accusations, period of custody and all attending facts and circumstances of the case, without expressing any opinion on the merits of the case, the Court is of

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the opinion that it is a fit case for bail. Hence, the bail application is hereby allowed.

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Let the applicant Shailendra Tripathi involved in the aforesaid crime be released on bail on furnishing a personal bond and two heavy sureties each of heavy amount to the satisfaction of court concerned subject to the following conditions:

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The applicant will not tamper with the evidence during trial.

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The applicant will not pressurize/intimidate the prosecution witnesses.

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The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.

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The applicant will not try to contact, threat or otherwise influence the complainant or any of the witness of the case.

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Order Date :- 17.12.2019 Anand

Shailendra Tripathi v. State of U.P.

Case brief

What is this about?

What did the court decide?

Shailendra Tripathi v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

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