Allowed

Sundaram Tripathi v. State of U.P. Thru. Prin. Secy. Home Deptt. Civil Sectt. Lko and Another

Allahabad HC7 Feb 2024ABAIL/220/2024

Case brief

AI extract

What is this about?

This court allowed the anticipatory bail application of Sundaram Tripathi, who feared arrest in a case involving assault and criminal conspiracy. The court noted an amicable settlement between parties, the applicant's lack of specific role compared to co-accused, and the grant of bail to similar co-accused.

What did the court decide?

Anticipatory bail granted on furnishing a personal bond of Rs. 50,000 with two sureties each in like amount.

Sundaram Tripathi vs State of U.P. Thru… — Murder and Culpable Homicide | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:11452

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Court No. - 15

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Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 220 of 2024

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Applicant :- Sundaram Tripathi Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Civil Sectt. Lko And Another

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Counsel for Applicant :- Girish Kumar Pandey,Neeraj Kumar Mishra

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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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Shri Umesh Dixit, learned Advocate has filed his 'Vakalatnama' on behalf of the informant/injured Aalendra Kumar and the same is taken on record.

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Supplementary affidavit filed on behalf of the applicant is also taken on record.

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Learned A.G.A. informs that he has procured complete instruction in the matter including the complete case diary. Since, the case diary is available before this Court as well as learned counsel for the informant/injured is also present, the instant anticipatory bail application may be finally disposed of.

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Heard Shri Girish Kumar Pandey, learned counsel for the applicant, Shri Umesh Dixit, learned counsel appearing for the informant/victim as well as learned A.G.A. for the State and perused the record.

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The present anticipatory bail application has been moved by the accused/applicant- Sundaram Tripathi in Case Crime No. 273 of 2022, under Sections 147, 148, 149, 323, 307, 342, 504 I.P.C, Police Station- Kotwali Dehat, District- Sitapur, with the prayer to enlarge him on anticipatory bail as he is apprehending arrest in the above-mentioned case.

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Learned counsel for the accused-applicant while drawing the attention of this Court towards the first information report submits that the applicant has falsely been implicated in this case. Admittedly, the dispute pertaining to the payment of Rs.1 lac was between co-accused Shubham Tripathi and the informant and the applicant was not having any concern with the same. However, his name has been dragged into this case only on account of his association with the co-accused

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Shubham Tripathi.

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It is further submitted that the parties are closely related and during the pendency of the case, better sense has prevailed and the parties have amicably settled the dispute by entering into a compromise, a copy of which has been placed as Annexure No.1 to the supplementary affidavit filed today of date 06.04.2023.

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It is also submitted that general role of assault has been assigned to all the accused persons and has no overact or specific role of assault has been assigned to the instant applicant, he could not be presumed to be the author of fatal injuries sustained by one of the injured, namely, Ramu Awasthi.

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It is next submitted that identically placed co-accused persons, namely, Suryansh Tripathi, Mukul Singh and Sandeep Singh have been granted regular bail by Coordinate Benches of this Court vide order dated 1.11.2022, 01.11.2022 and 15.11.2022, passed in Criminal Misc. Bail Application Nos. 11407 of 2022, 12324 of 2022 and 13070 of 2022, respectively and one of the co-accused, namely, Akash Singh and Manoj Tripathi, keeping in view the settlement arrived at between the parties have been granted anticipatory bail by a Coordinate Bench of this Court vide order dated 21.02.2023 passed in Criminal Misc Anticipatory Bail Application U/S 438 Cr.P.C. No. 441 of 2023 and the main accused Shubham Tripathi has been granted anticipatory bail by a Coordinate Bench of this Court, vide order dated 24.5.2023 passed in CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 1243 of 2023 and the role of the instant applicant is identical to the co-accused, who has been granted anticipatory bail. The applicant is not having any criminal history. He has not been arrested during the course of investigation and he has cooperated with the Investigating officer and he will cooperate in the speedy disposal of the case also and since, the parties have settled the dispute amicably, the confinement of the applicant in prison may again generate bad blood between the parties and thus, protection from arrest be granted to the applicant.

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Learned A.G.A., on the other hand, submits that applicant is accused of committing an heinous offence, and therefore, he is not entitled for any protection; but he could not dispute the fact that identically placed co-accused person have been granted either regular bail or anticipatory bail.

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Shri Umesh Dixit, learned counsel appearing for the informant/injured submits that he is having instructions to

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inform this Court that the informant as well as injured persons are not having any objection, if the facility of anticipatory bail is extended to the applicant, as the parties have settled the dispute amicably and the confinement of the instant applicant in the prison may again generate bad blood between the parties.

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Having heard learned counsel for the parties and having perused the record, it is evident that after filing of the charge sheet, the parties have entered into a compromise, a copy of which has been placed on record. While considering the compromise, a Coordinate Bench of this Court has granted facility of anticipatory bail to one of the co-accused, namely, Akash Singh, Manoj Tripathi and Shubham Tripathi. No specific role of any kind has been assigned to the instant applicant and general role of assault with fists and kicks have been assigned to all the accused persons, named in the F.I.R. including the instant applicant and it is in this background, it is vehemently submitted that at this stage, it could not be ascertained as to who from amongst the accused persons was the author of the fatal injuries sustained by one of the injured, namely, Ramu Awasthi. Applicant is admittedly not having any criminal history. Thus, having regard to all the facts and circumstances of the case and keeping an eye on the principle of parity, as co-accused Akash Singh, Shubham Tripathi has been granted regular bail while main accused Manoj Triapthi has been granted anticipatory bail by Coordinate Benches of this Court, facility of anticipatory bail may also be granted tot he applicant.

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Thus, the instant anticipatory bail application moved on behalf of the applicant- Sundaram Tripathi is allowed.

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It is provided that till 20.02.2024 in the event of arrest of the applicant- Sundaram Tripathi involved in the above noted case or on his surrender/appearance before the trial court (till 20.02.2024), whichever is earlier, he shall be released on anticipatory bail on his furnishing a personal bond of Rs. 50,000/- with two sureties each in the like amount to the satisfaction of the Station House Officer of the Police Station concerned/ Investigating Officer with the following conditions:

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(1) The applicant shall not leave India during the pendency of trial without prior permission from the concerned trial court.

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(2) The applicant shall cooperate in the investigation and will make himself available as and when required by the Investigating officer of the case, even for the discovery of any fact.

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

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(4) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence and when the witnesses are present in court. In case of default of any of above conditions, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law to ensure presence of the applicant.

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(5) In case, the applicant misuse the liberty of bail, the trial court concerned may take appropriate action in accordance with law.

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(6) 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 statements under Section 313 Cr.P.C. If in the opinion of the trial court default of this condition is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of their bail and shall proceed against him in accordance with law.

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Observations made herein-above by this Court are only for the purpose of disposal of this bail application and shall not be construed as an expression on the merits of the case.

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Order Date :- 7.2.2024 Muk

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Digitally signed by :- MOHD UMAR KHAN High Court of Judicature at Allahabad, Lucknow Bench

Sundaram Tripathi v. State of U.P. Thru. Prin. Secy. Home Deptt. Civil Sectt. Lko and Another

Case brief

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Sundaram Tripathi v. State of U.P. Thru. Prin. Secy. Home Deptt. Civil Sectt. Lko and Another

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