Allowed

Anshu Tripathi @ Shivash Tripathi v. State of U.P. Thru. Prin. Secy. Home Lko. and Another

Allahabad HC21 May 2024/990/2024

Case brief

AI extract

What is this about?

This criminal appeal allowed the release of the appellant on bail. The High Court set aside the lower order, finding that the facts suggest an accidental death rather than an offence against the appellant, though the trial to prove this will proceed if he is released.

What did the court decide?

The impugned bail order dated 06.03.2024 set aside; appellant released on personal bond and two sureties subject to eight additional conditions.

Anshu Tripathi @ Shivash Tripathi Vs State of U.P. Thru… — Caste Atrocities | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:38560

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Court No. - 13

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Case :- CRIMINAL APPEAL No. - 990 of 2024 Appellant :- Anshu Tripathi @ Shivash Tripathi Respondent :- State Of U.P. Thru. Prin. Secy. Home Lko. And Another

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Counsel for Appellant :- Ajai Kumar Shukla,Nisha Devi Counsel for Respondent :- G.A.,Ashish Kumar Shukla

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Hon'ble Saurabh Lavania,J.

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Heard Sri Ajai Kumar Shukla, counsel for the appellant and Sri Jugal Kishore, learned A.G.A. for the State as also Sri Ashish Kumar Shukla, counsel for the complainant.

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The present appeal has been filed under Section 14-A (2) of Scheduled Castes and Scheduled Tribes Act, 1989 against the impugned order dated 06.03.2024 passed by Special Judge, SC/ST Act, Pratapgarh, in Bail Application No. 3483 of 2023, arising out of F.I.R/ Case Crime No. 323 of 2023, under Sections 304 I.P.C. and Section 3(2)(V) of SC/ST Act, Police Station- Raniganj, District- Pratapgarh.

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While pressing the present appeal, counsel for the appellant submits that the appellant has not committed any offence and having no criminal history, he is is jail since 06.10.2023 and the possibility of conclusion of trial in near future is extremely bleak and there is full possibility of acquittal of the appellant after conclusion of trial.

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In continuation, it is stated that on 04.10.2023 between 9 p.m. to 11 p.m., the deceased was on back seat of the Platina motorcycle which was being driven by the appellant when they both were returning to the village Paregosai, DistrictPratapgarh, after attending a party, the motorcycle met with an accident and on account of the same, the pillion rider/deceased

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sustained head injury and the appellant also sustained some simple injuries.

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It is further stated that on account of the head injury sustained, the deceased succumbed to death, as is evident from the postmortem report, according to which the cause of death is head injury.

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It is also stated Viscera was also preserved to ascertain the cause of death and as per the Viscera report, poisoning was not found, accordingly it is clear that the deceased died on account of head injury sustained in the accident.

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It is further stated that it is apparent from the entire prosecution story that the appellant himself took the deceased to his residence and at relevant point of time, the deceased was conscious and the implication of the appellant is only on account of that he brought the injured to his house and did not take the injured to hospital for medical treatment, as appears from Annexure No.6 to the present appeal.

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It is also stated that a perusal of the statements of the independent witnesses namely Manoj Tiwari, Vijay Kumar Tiwari, Mohammad Jaleel, Rajkumar and Kundan Chaurasia, which are on record as Annexure No.3 to 4 of the present appeal, also make it clear that the deceased sustained injuries on account of the accident and in the aforesaid background of the case, in fact, no offence against the appellant is made out.

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It is further stated that in the facts of the case aforesaid, the appeal is liable to be allowed, the impugned order is liable to be set aside and the appellant is entitled to be released on bail.

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Learned A.G.A. as also counsel for the complainant vehemently opposed the aforesaid but could not dispute the contention made by counsel for the appellant.

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Having considered the submissions advanced by counsels for the parties, including the contents of F.I.R., statements of witnesses named above and post-mortem report, this Court is of the view that the present appeal is liable to be allowed and impugned order is liable to be set aside and the appellant is entitled to be enlarged on bail.

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In view of the aforesaid, order dated 06.03.2024 passed by Special Judge, SC/ST Act, Pratapgarh, in Bail Application No. 3483 of 2023, arising out of F.I.R/ Case Crime No. 323 of 2023, under Sections 304 I.P.C. and Section 3(2)(V) of SC/ST Act, Police Station- Raniganj, District- Pratapgarh, is hereby set aside and the appeal is allowed.

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Let appellant Anshu Tripathi @ Shivash Tripathi, be released on bail in the aforesaid case crime number on his furnishing personal bond and two reliable sureties each of the like amount to the satisfaction of the court concerned subject to following additional conditions :-

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(i) The appellant shall cooperate with the prosecution during trial.

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(ii) The appellant shall not tamper with the evidence during trial.

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(iii) The appellant shall not pressurize/intimidate the prosecution witness(s).

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(iv) The appellant shall not commit an offence.(v) The appellant 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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(vi) The appellant shall remain present before the trial court on each date fixed, either personally or through counsel.

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(vii) The appellant shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court.

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(viii) The appellant shall remain present, in person, before the trial court on the dates fixed for recording of statement under Section 313 Cr.P.C.

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In case of default of above conditions, it shall be open for the trial court to treat it as abuse of liberty of bail and pass order(s) in accordance with law.

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As this order relates to enlargement of the appellant on bail, it is clarified that observations made in this order shall have no bearing on the merits of the case and the trial court shall not be influenced by any observation made in this order.

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Order Date :- 21.5.2024 (Manoj K.)

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Digitally signed by :- MANOJ KUMAR High Court of Judicature at Allahabad, Lucknow Bench

Anshu Tripathi @ Shivash Tripathi v. State of U.P. Thru. Prin. Secy. Home Lko. and Another

Case brief

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Anshu Tripathi @ Shivash Tripathi v. State of U.P. Thru. Prin. Secy. Home Lko. and Another

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