Court allowed bail to applicant Manish Tripathi, a student, in a criminal case involving NTFA and various IPC sections. Bail granted subject to personal bond and two sureties of Rs. 2,00,000 each and specific conditions.
Release on bail via personal bond and two sureties of Rs. 2,00,000 each under specified conditions.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 76
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6216 of 2020
Applicant :- Manish Tripathi Opposite Party :- State of U.P. Counsel for Applicant :- Vijay Singh Sengar Counsel for Opposite Party :- G.A.
Hon'ble Vivek Kumar Singh,J.
Heard learned counsel for the applicant, Sri Sanjay Singh, learned A.G.A.-I for the State and perused the material brought on record.
The submission of learned counsel for the applicant is that the applicant is innocent and has been falsely implicated due to ulterior motive. It is next submitted that the injuries are simple in nature. To this effect, the injury report of the injured Mohammad Daud has been filed by the applicant which has been annexed as Annexure No. 2 to the affidavit accompanying the bail application. It is further submitted that the statement of the witnesses Mohammad Mastan, who is the real brother of the complainant, has not assigned the role of firing against the applicant. The applicant is a student and is studying in C.M.P. Degree College, Allahabad. The applicant has never been convicted in any case but three cases are registered against the applicant which have been explained in paragraph 14 of the affidavit accompanying the bail application. The applicant is in jail since 15.10.2019. It is admitted fact that the applicant is a student and is future will be jeopardized if some relaxation is not given to him by this Court. Moreover, it cannot be said that again if the applicant is enlarged on bail, he will indulge in some activity.
Learned A.G.A. opposed the prayer for bail.
Considering the aspect of the matter that the applicant is a student, the nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence, prima facie satisfaction of the Court in support of the charge, reformative theory of punishment, and large mandate of the Article 21 of the Constitution of India, the dictum of Apex Court in the case of Dataram Singh v. State of U.P. and another, reported in (2018) 2 SCC 22 and without expressing any opinion on the merits of the case, I find it to be a case of bail.
Let the applicant- Manish Tripathi, involved in Case Crime No. 880 of 2019 under Sections 147, 148, 149, 323, 307, 286, 364, 342, 504, 506 I.P.C. and Section 7 of Criminal Law Amendment Act, Police Station- Colonelganj, District- Prayagraj be released on bail, on his executing a personal bond and two sureties of Rs. 2,00,000/- each (one should be of a family member) in the like amount to the satisfaction of the court concerned with the following conditions :-
In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
It is clarified that the observations, if any, made in this order are strictly confined to the disposal of this bail application and must not be construed to have any reflection on the ultimate merits of the case.
Order Date :- 2.9.2020 KS
2 issues framed by the court
Whether the applicant, a student falsely implicated in a serious offence, shall be granted bail.
Whether the requirements for bail under Article 21 and the reformative theory of punishment are satisfied in this case.
Colour shows how this judgement treated each authority
Dataram Singh v. State of U.P. and anotherReferred¶8
(2018) 2 SCC 22 · Who else cites this
3 provisions across 3 enactments
Manish Tripathi
State of U.P.
Vivek Kumar Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
