Criminal Misc. Bail Application filed by Rakesh Tripathi challenging his implicatio
Released on bail on furnishing personal bond and two reliable sureties each of the like amount with specific conditions regarding presence and conduct.
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Neutral Citation No. - 2024:AHC-LKO:70218
Court No. - 13
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2670 of 2024
Applicant :- Rakesh Tripathi @ Rakesh Kumar Tripathi Opposite Party :- State Of U.P Thru. Prin. Secy. Home Civil Secrt. Lko. Counsel for Applicant :- Arvind Kumar Pathak,Dileep Kumar Pathak,Vijay Kumar Tiwari Counsel for Opposite Party :- G.A.
Hon'ble Rajeev Singh,J.
(i) The applicant shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected.
(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 him from disclosing such facts to the Court or to any police ofÏce or tamper with the evidence.
(iii) 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.
(iv) 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 sufÏcient cause, the trial court may proceed against him under Section 229A IPC.
(v) 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.
(vi) The applicant shall remain present, in person, before the trial court on dates fixed for (a) opening of the case, (b) framing of charge; and (c) 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 sufÏcient 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.
Order Date :- 17.10.2024 VKS
Digitally signed by :- VIVEK KUMAR SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench
2 issues framed by the court
Whether the applicant is entitled to bail on the ground of parity with similarly situated co-accused who have already been granted bail.
Whether the available material on record renders the present case a fit case for granting bail.
Colour shows how this judgement treated each authority
Sheila Sebestian Vs. R. Jawaharaj and Anr.Relied on¶8
Sheila Sebestian Vs. R. Jawaharaj and Anr. in Criminal Appeal No.359-360 of 2010
Rakesh Tripathi @ Rakesh Kumar Tripathi
State Of U.P Thru. Prin. Secy. Home Civil Secrt. Lko.
Rajeev Singh
As recorded by the court registry
5 orders share this CNR
Judgements on the same questions, provisions and authorities, from every court
