Allowed

Anoop Kumar Trivedi v. State of U.P.

Allahabad HC17 Oct 2019BAIL/39007/2019

Case brief

AI extract

What is this about?

In Criminal Misc. Bail Application No. 39007 of 2019, the court, while not expressing an opinion on the merits, held that the applicant is entitled to bail during the trial pending of various IPC offences upon compliance of specific conditions.

What did the court decide?

Release of the applicant on personal bond with two sureties subject to conditions of attending trial, not tampering with witnesses and not indulging in illegal activities.

Anoop Kumar Trivedi Vs State of U.P. — Bail and Remand | Allahabad HC (2019)

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Court No. - 80

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 39007 of 2019

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Applicant :- Anoop Kumar Trivedi Opposite Party :- State Of U.P. Counsel for Applicant :- Anmol Tiwari Counsel for Opposite Party :- G.A.

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Hon'ble Ajit Singh,J.

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

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By means of this application, the applicant who is involved in Case Crime No. 764 of 2019, under Secti9ons 147, 386, 336, 294, 323, 504, 506 and 427 I.P.C., P.S. Kalyanpur, district-Kanpur Nagar, is seeking enlargement on bail during the trial.

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The first information report was lodged by the informant against four named and 3-4 unknown persons including, alleging therein that on Panki Road the complainant has a shop in the name of Krishna Communication. On 16.8.2019 the present accused along with other co-accused came to his shop and demanded extortion money and when he refused to give money, the accused persons have misbehaved with the female workers and after hurling abuses they had taken 3000/- rupees forcibly as extortion money.

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Learned counsel for the applicant submitted that the applicant is absolutely innocent and has been falsely implicated in the present case due to some ulterior motive. No incriminating article or material has been recovered either from the applicant or on his pointing out. There is no evidence against the applicant that he had taken any money from anyone, expect oral assertion. Further submission is that all the offences are triable by the Court of Magistrate. He lastly submitted that the applicant has no criminal history and he is languishing in jail since 18.8.2019 and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.

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The prayer for bail has been vehemently opposed by learned A.G.A.

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Keeping in view the nature of the offence, evidence, complicity of the accused, severity of the punishment, submissions of learned counsel for the parties, considering the law laid down in the case of Data Ram Vs.

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State of U.P. and others, 2018(3) SCC 22 and without expressing any opinion on the merits of the case, this Court is of the view that the applicant is entitled to be enlarged on bail during the pendency of the trial.

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Let the applicant, Anoop Kumar Trivedi involved in the aforesaid case be released on bail on his executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned subject to the following conditions:-

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The applicant will continue to attend and co-operate in the trial pending before the court concerned on the date fixed after release.

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He will not tamper with the witnesses.

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He will not indulge in any illegal activities during the bail period.

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It is further directed that the identity, status and residence proof of the sureties be verified by the authorities concerned before they are accepted.

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In case of breach of any of the above conditions, the trial court will be at liberty to cancel the bail.

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Order Date :- 17.10.2019 Faridul

Anoop Kumar Trivedi v. State of U.P.

Case brief

What is this about?

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Anoop Kumar Trivedi v. State of U.P.

Case brief

What is this about?

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