Allowed

Narendra Kumar Tripathi v. State of U.P. Thru. Prin. Secy. Deptt. of Home Affairs Lko.

Allahabad HC1 Oct 2024BAIL/10477/2024

Case brief

AI extract

What is this about?

In Criminal Misc. Bail Application No. 10477 of 2024, the Allahabad High Court allowed bail for the applicant held in custody since July 15, citing that the offence is triable by a Magistrate and a main co-accused had already been released on bail.

What did the court decide?

Applicant released on bail with personal bond and two sureties subject to specific conditions regarding evidence, witnesses, attendance, and misuse of liberty.

Narendra 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:68171

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Court No. - 14

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 10477 of 2024

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Applicant :- Narendra Kumar Tripathi Opposite Party :- State Of U.P. Thru. Prin. Secy. Deptt. Of Home Affairs Lko. Counsel for Applicant :- Akhilesh Pratap Singh,Himanshu Vikram Singh 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.

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Learned counsel for the applicant submits that co-accused Achhevar Nath Tiwari has been enlarged on bail vide order dated 30.9.2024 passed in Criminal Misc. Bail Application No.10439 of 2024 by this Court.

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Learned counsel for the applicant submits that co-accused Achhevar Nath Tiwari is the main accused in this case. He submits that the case of the applicant is on better footing than of co-accused. The applicant has been falsely implicated. The offence is triable by Magistrate. The applicant is in jail since 15.7.2024.

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Learned A.G.A. has opposed the prayer for bail but could not dispute the aforesaid facts as argued by the learned counsel for the applicant.

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On due consideration to the facts that the offence is triable by Magistrate; co-accused Achhevar Nath Tiwari, who is the main accused, has been enlarged on bail by this Court; the applicant is languishing in jail since 15.7.2024 and without expressing any opinion on the 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 Narendra Kumar Tripathi involved in Case Crime No. 114/2024 under Section 419, 420, 211, 182, 386, 388, 389, 120B Indian Penal Code, Police Station Kotwali Nagar, District Pratapgarh be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions which are being imposed in the interest of justice:-

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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 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

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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 :- 1.10.2024 Madhu

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Digitally signed by :- MADHU KUMARI High Court of Judicature at Allahabad, Lucknow Bench

Narendra Kumar Tripathi v. State of U.P. Thru. Prin. Secy. Deptt. of Home Affairs Lko.

Case brief

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Narendra Kumar Tripathi v. State of U.P. Thru. Prin. Secy. Deptt. of Home Affairs Lko.

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Narendra Kumar Tripathi Vs State of U.P. Thru. Prin. Secy. Deptt. of Home Affairs Lko.