Allowed

Pritam Tripathi v. State of U.P.

Allahabad HC14 Nov 2022BAIL/26897/2022

Case brief

AI extract

What is this about?

This court granted bail to the applicant, husband of the deceased, in a case involving dowry death and culpable hurt. The court did not examine merits but deemed it a fit case for bail, imposing standard conditions regarding trial attendance and conduct.

What did the court decide?

Regarding allowance of bail, releasing the applicant on personal bond and heavy sureties. Regarding bail conditions will resume trial within one year.

Pritam Tripathi Vs State of U.P. — Bail and Remand | Allahabad HC (2022)

¶1

Court No. - 76

¶2

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 26897 of 2022

¶3

Applicant :- Pritam Tripathi Opposite Party :- State of U.P. Counsel for Applicant :- Suraj Kumar Singh,Amit Kumar Srivastava

¶4

Counsel for Opposite Party :- G.A.,Dinesh Kumar Singh

¶5

Hon'ble Shekhar Kumar Yadav,J.

¶6

Heard learned counsel for the applicant, learned Additional Government Advocate for the State, Mr. Dinesh Kumar Singh, learned counsel for the first informant and perused the material available on record.

¶7

The present bail application has been filed by the applicant with the prayer to enlarge him on bail in Case Crime No.605 of 2021, under Sections 498-A, 326-A, 323, 504, 506, 304-B IPC and Section ¾ Dowry Prohibition Act, Police Station Bhelupur, District Varanasi.

¶8

The contention as raised at the Bar by learned counsel for the applicant is that the applicant is quite innocent and has been falsely implicated in the present case. The applicant has never committed any offence as alleged in the impugned FIR. The applicant is the husband of the deceased. The applicant has also received burn injury on his body while trying to save the deceased. After the alleged incident, the deceased was admitted to the hospital by the applicant where she was died. Further contention is that the statement of the injured/deceased was recorded before Deputy Collector Revenue in which she has stated that she herself burnt by sprinkling something on her and at that point of time, her husband and Dever tried to save her by covering blanket. Further contention is that applicant is languishing in jail since 22.12.2021 having no previous criminal history and in case applicant is enlarged on bail, he will not misuse the liberty of bail.

¶9

Per contra, learned A.G.A. has vehemently opposed the prayer for bail, but he could not controvert the submissions made by the learned counsel for the applicant.

¶10

Considering the overall facts and circumstances, the nature of allegations, the gravity of offence, the severity of the punishment, the evidence appearing against the accused, submission of learned counsel for the parties, considering the

¶11

law laid down in the case of Data Ram Vs. State of U.P. and others, 2018 (3), SCC, 2 but without expressing any opinion on merits, this Court finds it to be a fit case for bail.

¶12

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

¶13

(i) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the date fixed for evidence when the witnesses are present in Court. In case of default of this condition, it shall be open for the Trial Court to treat it as abuse of liberty of bail and pass orders in accordance with law.

¶14

(ii) 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 IPC.

¶15

(iii) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under Section 82 Cr.P.C., may be issued and if 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 IPC.

¶16

(iv) The applicant shall remain present, in person, before the Trial Court on dates fixed for (1) opening of the case, (2) framing of charge and (3) recording of statement under Section 313 Cr.P.C. If in the opinion of the Trial Court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the Trial Court to treat such default as abuse of liberty of bail and proceed against him in accordance with law.

¶17

(v) The Trial Court may make all possible efforts/endeavour and try to conclude the trial within a period of one year after the release of the applicant.

¶18

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

¶19

It is made clear that observations made in granting bail to the applicant shall not in any way affect the learned trial Judge in forming his independent opinion based on the testimony of the witnesses.

¶20

Order Date :- 14.11.2022 Ajeet

¶21

Digitally signed by AJEET KUMAR PATEL Date: 2022.11.15 15:16:29 IST Reason: Location: High Court of Judicature at Allahabad

Pritam Tripathi v. State of U.P.

Case brief

What is this about?

What did the court decide?

Pritam Tripathi v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Dheeraj Vs State of U.P.

Smt. Sunita Vs State of U.P.

Suresh Kumar @ Brijesh Kumar Prajapati Vs State of U.P.

Govind Rajbhar Vs State of U.P.

Munesh Vs State of U.P.

Ali Mohammad @ Dablu Vs State of U.P.