Allowed

Anjney Tripathi @ Madhav Tripathi v. State of U.P. and 3 Others

Allahabad HC13 Sept 2023BAIL/39879/2023

Case brief

AI extract

What is this about?

This criminal miscellaneous bail application was allowed. The Single Judge found that the applicant had made out a prima facie case for bail. The court granted liberty subject to strict conditions regarding attendance and no adjournments.

What did the court decide?

Release of applicant on bail on personal bond and sureties subject to strict conditions of attendance and no adjournments.

Anjney Tripathi @ Madhav Tripathi Vs State… — Child Sexual Offences (POCSO) | Allahabad HC (2023)

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Neutral Citation No. - 2023:AHC:177279

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Court No. - 68

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 39879 of 2023

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Applicant :- Anjney Tripathi @ Madhav Tripathi Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Sushil Kumar Dubey Counsel for Opposite Party :- G.A.

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Hon'ble Dr. Gautam Chowdhary,J.

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Lawyers are abstaining from work. However, I have gone through the record along with learned A.G.A. for the State.

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It has been averred in the present bail application that the applicant is innocent and has been falsely implicated in the present case. The victim had gone with the applicant out of her own free will and consent. The victim has not supported the prosecution version as per statement of the victim recorded under Section 164 Cr.P.C. and therefore, the victim is a consenting party and therefore, no offence against the applicant is made out. Several other averments have been made in the bail application in order to demonstrate the falsity of the allegations made against the applicant have also been placed before the Court. The circumstances which, according to the averments, led to the false implication of the accused have also been mentioned. It has also been assured on behalf of the applicant that he is ready to cooperate with the process of law and shall faithfully make himself available before the court whenever required and is also ready to accept all the conditions which the Court may deem fit to impose upon him. The applicant is languishing in jail since 26.07.2023 having no criminal history.

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Per contra, learned A.G.A. has opposed the prayer for bail of the

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applicant by contending that the innocence of the applicant cannot be adjudged at pre trial stage, therefore, he does not deserve any indulgence. In case the applicant is released on bail he will again indulge in similar activities and will misuse the liberty of bail. 4. Considering the entire facts and circumstances of the case, averments made on behalf of the applicant in the instant bail application, nature of evidence, and all attending facts and circumstances of the case, without expressing any opinion on merits of the case, this Court is of the view that the applicant has made out a case for bail. Hence the bail application is allowed. 5. Let applicant Anjney Tripathi involved in Case Crime No. 226 of 2023 under Sections 363, 366, 376 I.P.C., and Section 3/4 of POCSO Act, Police Station Bidhnuna, District Auraiya, be released on bail on furnishing a personal bond and two heavy local sureties each of the like amount to the satisfaction of the court concerned subject to the following conditions:-

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I. The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence and 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.

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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 of the Indian Penal Code.

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III. 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

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proceedings against him, in accordance with law, under Section 174-A of the Indian Penal Code.

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

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Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted. Order Date :- 13.9.2023

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S.Ali

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Digitally signed by :- SHAUKAT ALI High Court of Judicature at Allahabad

Anjney Tripathi @ Madhav Tripathi v. State of U.P. and 3 Others

Case brief

What is this about?

What did the court decide?

Anjney Tripathi @ Madhav Tripathi v. State of U.P. and 3 Others

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

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Statutes considered

Parties & counsel

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