Allowed

Rakesh Kumar Tripathi v. State of U.P. Thru. Addl. Chief Secy. Home Civil Sectt. Lko

Allahabad HC3 Oct 2024/10062/2024

Case brief

AI extract

What is this about?

Single judge bench allowed bail to the accused applicant in a case involving forgery, cheating, and prevention of corruption offences. Held that the collected material did not indicate the applicant's specific role despite allegations against a gang. Bail granted subject to bond and conditions.

What did the court decide?

Accused released on bail subject to furnishing personal bond and two sureties and complying with specific conditions regarding tampering with evidence and court attendance.

Rakesh Kumar Tripathi Vs State of U.P. Thru. Addl. Chief Secy… — Corruption | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:68624

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Court No. - 14

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 10062 of 2024

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Applicant :- Rakesh Kumar Tripathi Opposite Party :- State Of U.P. Thru. Addl. Chief Secy. Home Civil Sectt. Lko Counsel for Applicant :- Vijay Nath Pandey Counsel for Opposite Party :- G.A

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Hon'ble Karunesh Singh Pawar,J.

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

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The present bail application has been filed by accused-applicant seeking bail in Case Crime No.9 of 2023, under Sections 419, 420, 467, 468, 471, 204 & 120-B I.P.C. and Section 7A Prevention of Corruption Act, P.S. S.I.T., District Lucknow.

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In the prosecution case it is alleged that by an organized gang the actual sale deed has been misplaced from the office of subregistrar and in it's place a forged sale deed has been put and subsequently, the property in question has been sold to one Ghanshyam.

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Learned counsel for applicant submits that applicant is an advocate. Except general and sweeping allegation that applicant is a member of one Brijesh Awasthi Gang, there is no material against the applicant. The ingredients to attract the offences under Section 419, 420, 467, 468, 471 IPC as well as Section 7 of Prevention of Corruption Act are prima facie missing. Applicant is in jail since 13.03.2024.

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Learned A.G.A. has opposed the bail prayer and has submitted that applicant is a member of organized gang who has committed forgery in number of cases in district Gonda. He submits that charge-sheet has been forwarded on 19.09.2024.

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Upon a specific query put by the court from the record, it could not be shown that there is any material against this applicant of committing forgery.

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Perused the record.

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On due consideration to the submissions advanced, perusal of the record as also the fact that applicant is languishing in jail since 19.09.2024, charge-sheet has been forwarded in this case, material collected by the prosecution do not indicate any specific role of the present applicant so also the judgment passed by Supreme Court in the case of Javed Gulam Nabi Shaikh vs. State of Maharashtra and another : Criminal Appeal No.2787 of 2024 , without expressing any opinion on merits of the case, I find it to be a fit case for enlarging the applicant on bail.

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Accordingly, the bail application is allowed .

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Let the applicant be released on bail in aforesaid case crime number subject to his furnishing a personal bond and two reliable sureties each in the like amount to the satisfaction of the trial court concerned with the following conditions:

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(i) The applicant will not tamper with the evidence during the trial.

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(ii) The applicant will not pressurize/ intimidate the prosecution witness.

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(iii) 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 him from disclosing such facts to the Court or to any police officer or tamper with the evidence.

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(iv) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates 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.

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(v) 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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(vi) 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. is issued and the 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 of the Indian Penal Code.

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Order Date :- 3.10.2024 Saurabh Yadav/-

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Digitally signed by :- SAURABH YADAV High Court of Judicature at Allahabad, Lucknow Bench

Rakesh Kumar Tripathi v. State of U.P. Thru. Addl. Chief Secy. Home Civil Sectt. Lko

Case brief

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Rakesh Kumar Tripathi v. State of U.P. Thru. Addl. Chief Secy. Home Civil Sectt. Lko

Case brief

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