Allowed

Rakesh Kumar Tripathi v. State of U.P. Thru. Prin. Secy. Home Lko

Allahabad HC3 Oct 2024/8811/2024

Case brief

AI extract

What is this about?

Single judge allowed a bail application in a case involving forgery and cheating charges. The court held it was a fit case for bail as the record did not show a specific role for the applicant, who was languishing in jail since December 2022. Bail granted on personal bond and two sureties.

What did the court decide?

Bail granted on personal bond and two sureties; applicant to remain present, not tamper with evidence or intimidate witnesses.

Rakesh Kumar Tripathi Vs State of U.P. Thru. Prin… — Cheating and Forgery | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:68481

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Court No. - 14

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 8811 of 2024

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Applicant :- Rakesh Kumar Tripathi Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko Counsel for Applicant :- Vijay Kumar Tiwari 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.258 of 2023, under Sections 419, 420, 467, 468, 471, 120(B) I.P.C., P.S. Kotwali Nagar, District Gonda.

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In the prosecution case it is alleged that applicant in connivance with the co-accused persons has prepared the forged document of the complainant and got it registered. It is alleged that applicant is a member of Brijesh Awasthi gang and his complicity in several cases.

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Learned counsel for the applicant submits that he is an advocate. Offences are triable by magistrate. There is no material with the prosecution to show that any forgery or cheating has been done by him except the sweeping allegations and only on the ground that he is a member of Brijesh Awasthi gang he is implicated in this case. Applicant is languishing in jail since 17.12.2022.

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Learned A.G.A. has opposed the bail prayer however, submits that charge-sheet has been filed.

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On due consideration to the submissions advanced, perusal of the record as also the fact that the material collected by the

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prosecution does not indicate any specific role of the present applicant, the applicant is languishing in jail since 17.12.2022, charge-sheet in the case has been filed, offences are triable by magistrate, 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

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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. Prin. Secy. Home Lko

Case brief

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Rakesh Kumar Tripathi v. State of U.P. Thru. Prin. Secy. Home Lko

Case brief

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