Allowed

Ashwani Tripathi v. State of U.P.

Allahabad HC6 Mar 2019BAIL/9537/2019

Case brief

AI extract

What is this about?

In a bail application under Cr.P.C., the High Court allowed the applicant's petition for enlargement on bail in a trial involving serious offences including IPC and POCSO. The court imposed personal bond and sureties with conditions to not tamper with evidence or harass the victim, noting the application did not pass judgment on case merits.

What did the court decide?

Applicant Ashwani Tripathi to be released on bail by furnishing a personal bond and two sureties each in the like amount.

Ashwani Tripathi Vs State of U.P. — Child Sexual Offences (POCSO) | Allahabad HC (2019)

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Court No. - 70

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 9537 of 2019

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Applicant :- Ashwani Tripathi Opposite Party :- State Of U.P. Counsel for Applicant :- Mohd Imran Khan Counsel for Opposite Party :- G.A.

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Hon'ble Sanjay Kumar Singh,J.

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Heard learned counsel for the applicant, learned Additional Government Advocate and perused the record of the case.

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By means of this application, the applicant, who is involved in case crime no. 241 of 2016, under Sections 363, 366, 376 IPC, 3(2)(5) SC/ST Act and 3/4 POCSO Act, police station Mauranipur, district- Jhansi, is seeking enlargement on bail during the trial.

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It is submitted by the learned counsel for the applicant that regarding the alleged incident dated 26.11.2018, first information report was lodged by the victim/prosecutrix after four days on 20.11.2018. It is further submitted that from the statements of the victim recorded under Section 161 as well as 164 Cr.P.C., it is apparently clear that she was having telephonic conversation with the applicant prior to alleged incident dated 26.11.2018. The prosecutrix in her statement recorded under Section 164 Cr.P.C. has also stated that she did not allege anything about the incident dated 26.11.2018 because she was told by the applicant that on 30.11.2018 he will come to settle the marriage of the prosecutrix with the applicant. When he did not give any response in the matter, she narrated the incident to her family members. Learned counsel for the applicant also pointed out that on account of love affairs between the prosecutirx and applicant there was a continuous chatting between them on whats-app appended as annexure-7 to the application. Therefore, only inference can be drawn that the prosecutirx was a consenting party with the applicant. The applicant has no criminal history to his credit and is languishing in jail since 3.12.2018 and the applicant undertakes that in case he is released on bail, he will not misuse the liberty of bail and cooperate in trial.

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Learned AGA has opposed the prayer of bail.

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Keeping in view the nature of the offence, evidence, complicity of the accused, submissions of the learned counsel for the parties and without expressing any opinion on merits of the case, I am of the view that the applicant has made out a fit case

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for bail. Hence, the bail application is hereby allowed.

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Let the applicant Ashwani Tripathi, be released on bail in the aforesaid case crime number on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions which are being imposed in the interest of justice:-

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i) The applicant will not tamper with prosecution evidence and will not harm or harass the victim/complainant in any manner whatsoever.

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ii) The applicant will abide the orders of court, will attend the court on every date and will not delay the disposal of trial in any manner whatsoever.

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(iii) The applicant will not indulge in any unlawful activities.

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(iv) The applicant will not misuse the liberty of bail in any manner whatsoever.

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The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicant to prison.

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It is clarified that anything said in this order is limited to the purpose of determination of this bail application and will in no way be construed as an expression on the merits of the case. It is further clarified that the trial court shall be absolutely free to arrive at its independent conclusions on the basis of evidence led unaffected by anything said in this order.

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Order Date :- 6.3.2019 Sumaira

Ashwani Tripathi v. State of U.P.

Case brief

What is this about?

What did the court decide?

Ashwani Tripathi v. State of U.P.

Case brief

What is this about?

What did the court decide?

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