Allowed

Sunil Kumar Tripathi @ Krishna Chandra Tripathi v. State of U.P.

Allahabad HC16 Mar 2022BAIL/9347/2022

Case brief

AI extract

What is this about?

This bail hearing involves an applicant charged under the U.P. Gangsters Act who is already on bail in four other cases. The High Court, referring Dataram Singh, granted bail subject to furnishing a bond and sureties and complying with travel and conduct conditions.

What did the court decide?

Released on bail by furnishing a personal bond and two sureties in like amount, subject to attendance and conduct conditions.

Sunil Kumar Tripathi @ Krishna Chandra… — Pension and Retirement Benefits | Allahabad HC (2022)

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Court No. - 90

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 9347 of 2022

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Applicant :- Sunil Kumar Tripathi @ Krishna Chandra Tripathi Opposite Party :- State of U.P. Counsel for Applicant :- Anurag Kumar Pandey Counsel for Opposite Party :- G.A.

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Hon'ble Mrs. Sadhna Rani (Thakur),J.

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Heard learned Counsel for the applicant as well as learned A.G.A. and perused the record.

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The accused- applicant is involved in Case Crime No. 126 of 2022, under Section 2/3 of the U.P. Gangsters and Anti-Social Activities (Prevention) Act, 1986 registered at Police Station Jalalabad, District- Shahjananpur.

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It is argued by the learned counsel for the applicant that in gang chart only 3 cases have been shown against the applicant. Criminal history of one extra case is also disclosed against him. In all four cases, the applicant is on bail. The applicant is languishing in jail from 5.2.2022. Hence, the prayer for bail is made.

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Per contra learned A.G.A. has admitted the fact that the applicant is on bail in all four cases mentioned in gang chart and the criminal history. It has also not been disputed that the applicant is in jail from 5.2.2022.

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Having heard the submissions of learned counsel of both sides, considering the seriousness of the charge 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 larger 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 merit of the case, I find it to be a case of bail.

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Let the applicant Sunil Kumar Tripathi @ Krishna Chandra Tripathi involved in aforesaid crime be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions.

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The applicant will attend and co-operate the trial proceedings pending before the court concerned on the dates 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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The identity, status and residential proof of sureties will be verified by the court concerned and in case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail and send the applicant to prison.

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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.

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

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Order Date :- 16.3.2022 Gss

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Digitally signed by GIRAJA SHANKER SHARMA Date: 2022.03.16 19:05:54 IST Reason: Location: High Court of Judicature at Allahabad

Sunil Kumar Tripathi @ Krishna Chandra Tripathi v. State of U.P.

Case brief

What is this about?

What did the court decide?

Sunil Kumar Tripathi @ Krishna Chandra Tripathi v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

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