Allowed

Ashish Kumar Tripathi v. the State of U.P. Thru. Prin. Secy. Home Deptt. and Another

Allahabad HC8 Jan 2024ABAIL/14/2024

Case brief

AI extract

What is this about?

The High Court allowed an anticipatory bail application under Section 438 Cr.P.C. for an applicant facing charges of cheating and forgery. Bail was granted subject to conditions including appearance before the trial court within 20 days, cooperation in investigation and trial, and ensuring no witness tampering.

What did the court decide?

Anticipatory bail allowed subject to furnishing a bond of Rs. 50,000 and two sureties, and compliance with specific conditions regarding appearance in court and cooperation with investigation.

Ashish Kumar Tripathi vs the State of U.P. Thru… — Cheating and Forgery | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:12708

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Court No. - 15

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Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 14 of 2024

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Applicant :- Ashish Kumar Tripathi Opposite Party :- The State Of U.P. Thru. Prin. Secy. Home Deptt. And Another Counsel for Applicant :- Shishir Pradhan,Kunwer Dhananjay Singh

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Counsel for Opposite Party :- G.A.

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Hon'ble Mohd. Faiz Alam Khan,J.

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Supplementary affidavit filed today is taken on record.

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Heard learned counsel for the applicant, learned AGA for the State and perused the record.

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This application has been moved by the applicant- Ashish Kumar Tripathi for grant of anticipatory bail in FIR/Case Crime No.0648 of 2022, under Sections 419, 420, 467, 468, 471 IPC lodged at Police Station Lalganj, District Pratapgarh.

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Learned counsel for the applicant submits that it is a case of false implication. The applicant has been shown as a marginal witness of the sale deed which is shown to have been executed by an imposter impersonating the real owner, Chandra Bhusan Ojha. It is further submitted that identically placed co-accused namely Parasnath Tiwari has been granted anticipatory bail by this Court on 06.11.2023 passed in Criminal Misc. Anticipatory Bail Application No. 1434 of 2023 and the role of the instant applicant is identical to him. It is further submitted that the purchaser of the property namely Uma Devi, who is the wife of the applicant as well as Smt. Kusum Shukla have been granted anticipatory bail by a co-ordinate bench of this Court. It is further submitted that the investigation is going on and the applicant is cooperating in the investigation and in case of submission of adverse police report under Section 173 CrPC, the applicant would also cooperate in expeditious disposal of the case. Criminal history of one case has been explained in supplementary affidavit filed today and there is no apprehension that after being released on bail, the applicant may flee from the course of law or may otherwise misuse the liberty of bail.

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Learned AGA opposes the prayer of the applicant but could

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not controvert that identically placed co-accused namely Parasnath Tiwari has been granted anticipatory bail by a coordinate bench of this Court.

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Considering the fact that purchaser of the property, Uma Devi as well as identically placed marginal witness Parasnath Tiwari has been granted bail; the sale deed is alleged to have been executed by an imposter and the criminal history of one case of the applicant has been explained; on the principle of parity the applicant may also be granted the facility of anticipatory bail, however, subject to certain conditions.

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Thus, this anticipatory bail application, moved on behalf of the applicant - Ashish Kumar Tripathi is allowed with a direction that in the event of arrest of the applicant under any process of the trial Court or on his/her appearance/surrender before the trial Court within 20 days from today i.e. till 02.03.2024 whichever is earlier, he/she shall be released forthwith on anticipatory bail on his/her furnishing a personal bond of Rs. 50,000/- and two sureties each in the like amount to the satisfaction of the trial Court, subject to the following conditions:-

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(i). The applicant, if not arrested earlier, shall appear before the trial court within 20 days from today i.e. till 02.03.2024 and cooperate in the trial and shall not seek any adjournment when the prosecution witness would be in attendance.

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(ii). In case of further investigation or re-investigation the applicant shall cooperate in the investigation and make himself/herself available as and when required by the Investigating officer of the case, even for the recovery of any fact.

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(iii). The applicant shall not make any attempt to influence the prosecution witnesses and will also not commit any crime during his/her release on anticipatory bail.

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(iv). The applicant shall file an undertaking to the effect that he/she shall not seek any adjournment on the dates fixed for evidence and specially when the prosecution witnesses are present in court.

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(v). 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.

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If in the opinion of the trial court default of any of the

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condition placed above is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and shall proceed against him/her in accordance with law.

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It is clarified that all the observations contained in this order are only for disposal of this anticipatory bail application and shall not affect the trial proceedings in any manner.

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Order Date :- 12.2.2024 Vipul

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Digitally signed by :- VIPUL PRATAP GOGAL High Court of Judicature at Allahabad, Lucknow Bench

Ashish Kumar Tripathi v. the State of U.P. Thru. Prin. Secy. Home Deptt. and Another

Case brief

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Ashish Kumar Tripathi v. the State of U.P. Thru. Prin. Secy. Home Deptt. and Another

Case brief

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