Allowed

Narendrakumar Tripathi v. State of U.P and Another

Allahabad HC30 Jan 2023ABAIL/11505/2022

Case brief

AI extract

What is this about?

Court granted anticipatory bail to Narendrakumar Tripathi under Section 438 Cr.P.C. for limited period till police report submission, ensuring availability for interrogation and no tampering with evidence or witnesses.

What did the court decide?

Applicant released on anticipatory bail on personal bond of Rs. 25,000 with two sureties till submission of police report under Section 173(2) Cr.P.C. with standard bail conditions.

Narendrakumar Tripathi Vs State of U.P and Another — Anticipatory Bail | Allahabad HC (2023)

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Court No. - 80

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Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 11505 of 2022

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Applicant :- Narendrakumar Tripathi Opposite Party :- State Of U.P And Another Counsel for Applicant :- Sudhir Kumar Agarwal,Naveen Kumar Yadav Counsel for Opposite Party :- G.A.

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Hon'ble Subhash Chandra Sharma,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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This anticipatory bail application (under section 438 Cr.P.C.) has been moved seeking bail in Case Crime No. 1132 of 2021, under sections 147, 148, 452, 427, 323, 504, 506, 307, 326, 336, 397 IPC, Police Station- Chakeri, District- Kanpur Nagar.

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Fact is brief are that on 8.9.2021 the incident took place in which injuries were caused to Shiv Prakash, father of the informant in which he lost his one eye regarding which an N.C.R. was lodged on the same day by the son of Shiv Prakash against Himanshu, Ajay, Lalit but later on an application u/s 156(3) Cr.P.C. was moved by the informant in which the name of this applicant was also involved. Initially N.C.R. was lodged under Sections 323, 504 IPC and after filing an application u/s 156(3) Cr.P.C. F.I.R. was lodged under Sections 147, 148, 452, 427, 323, 504, 506, 307, 326, 336, 397 IPC.

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It is submitted by learned counsel for the applicant that he is innocent and has been falsely implicated in this case. In this case, applicant being relative of other co-accused persons has falsely been roped in this case. This applicant is brother-in-law of co-accused Lalit who has already been granted anticipatory bail by this Court after considering all the facts of the case. In N.C.R. which was lodged just after commission of alleged incident, neither the name of this applicant was disclosed nor any specific role was assigned. Lastly, it is submitted that investigation is going on, therefore, the applicant is under apprehension of imminent arrest. In case, he is released on bail, he would not misuse the liberty of bail and would cooperate with the investigation.

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Learned AGA has opposed the prayer for anticipatory bail.

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Considering the facts and circumstances of the case,

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submissions made by learned counsel for the applicant as well as learned A.G.A., the perusal of record and without commenting on the merits of the case, the applicant is entitled to be released on anticipatory bail in this case for the limited period considering the exception considered by the Hon'ble Supreme Court in the case of Sushila Aggarwal Vs. State (NCT of Delhi)-2020 SCC Online SC 98.

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In the event of arrest of the applicant- Narendrakumar Tripathi , shall be released on anticipatory bail till the submission of police report, if any, under section 173 (2) Cr.P.C., on furnishing a personal bond of Rs. 25,000/- with two sureties each in the like amount to the satisfaction of the Station House Officer of the police station concerned with the following conditions:-

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(i) The applicant shall make himself available for interrogation by a police office as and when required;

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(ii) The applicant shall not directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade from disclosing such facts to the Court or to any police office;

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(iii) The applicant shall not leave India without the previous permission of the Court and if he has passport, the same shall be deposited by him before the S.S.P./S.P. concerned.

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In default of any of the conditions, the Investigating Officer is at liberty to file appropriate application for cancellation of anticipatory bail granted to the applicant.

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Order Date :- 30.1.2023 A. Singh

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Digitally signed by :- ANURAG SINGH High Court of Judicature at Allahabad

Narendrakumar Tripathi v. State of U.P and Another

Case brief

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Narendrakumar Tripathi v. State of U.P and Another

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