Allowed

Vikarant Tripathi v. State of U.P.

Allahabad HC28 Sept 2020BAIL/23149/2020

Case brief

AI extract

What is this about?

This judgment grants bail to Vikarant Tripathi in a criminal proceeding. The High Court ordered his release on a personal bond and two local sureties upon perusing the material on record and hearing both sides, without expressing an opinion on the substantive merits of the police complaint.

What did the court decide?

Released on personal bond and two local sureties each of like amount.

Vikarant Tripathi Vs State of U.P. — Bail and Remand | Allahabad HC (2020)

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Court No. - 72

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 23149 of 2020

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Applicant :- Vikarant Tripathi Opposite Party :- State of U.P. Counsel for Applicant :- Vimlendu Tripathi,Vimlendu Tripathi Counsel for Opposite Party :- G.A.

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Hon'ble Neeraj Tiwari,J.

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Heard learned counsel for the applicant, learned AGA for the State and perused the material placed on record.

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Learned counsel for the applicant has submitted that applicant was employed as Relationship Manager in the Company. Thereafter he resigned on account of non-payment of his salary from service and he was re-inducted as director in the company on the assurance that company will clear all his dues. The applicant after re-induction in company discovered the illegalities being committed by other directors in the company. He made a complaint before the Directorate of Enforcement on 18.2.2018 regarding illegal affairs of the company. One of the Director, namely, Rajesh Kumar Singh, has already been enlarged on bail by this Court in Criminal Misc. Bail Application No.17672 of 2020, vide order dated 26.6.2020. The applicant has been falsely implicated in this case. He has criminal history of ten cases of similar nature, wherein he is on bail in five cases and is in jail since 6.12.2019.

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Learned A.G.A. has opposed the prayer for bail, but could not dispute the aforesaid facts.

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Considering the facts and circumstances of the case and also perusing the material on record, without expressing any opinion on the merit of the case, let the applicant Vikrant Tripathi , involved in Case Crime No. 365 of 2019, under Section- 420, 406, 504, 506 IPC, Police Station- Mahoba Kotwali, DistrictMahoba be released on his furnishing a personal bond and two local sureties each of the like amount to the satisfaction of court concerned. It is further provided that this bail order available on the official website of the High Court will be taken to be the authentic one and certified copy shall be submitted before that court concerned as soon as it is issued.

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This bail order would be subject to the fulfilment of following conditions:-

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The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.

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The applicant shall cooperate in the trial sincerely without seeking any adjournment.

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The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.

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The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him under Section 229-A of the Indian Penal Code;

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In case, the applicant misuses the liberty of bail and in order to secure his presence proclamation under Section 82 Cr.P.C. is issued and the applicant fails to appear before the Court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law, under Section 174-A of the Indian Penal Code.

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The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 313 Cr.P.C. If in the opinion of the trial court default of this condition is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of his bail and proceed against him in accordance with law.

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In case the applicant has been enlarged on short term bail as per the order of committee constituted under the orders of Hon'ble Supreme Court his bail shall be effective after the period of short term bail comes to an end.

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In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.

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Order Date :- 28.9.2020 Junaid

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Digitally signed by Justice Neeraj Tiwari Date: 2020.09.28 16:59:20 IST Reason: Document Owner Location: High Court of Judicature at Allahabad

Vikarant Tripathi v. State of U.P.

Case brief

What is this about?

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Vikarant Tripathi v. State of U.P.

Case brief

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What did the court decide?

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