Mayank Bhushan Tripathi @ Ashok Kumar Tripathi vs State of U.P.

Neutral Citation No. - 2025:AHC:9061

Court No. - 66

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 1628 of 2025

Applicant :- Mayank Bhushan Tripathi @ Ashok Kumar Tripathi Opposite Party :- State of U.P. Counsel for Applicant :- Raj Kumar Pandey,Yogendra Kumar Srivastava Counsel for Opposite Party :- G.A.

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Hon'ble Sameer Jain,J.

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Heard Sri Raj Kumar Pandey, learned counsel for the applicant and Sri Imran Khan, learned AGA for the State-respondent.

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The instant application has been filed seeking release of the applicant on bail in Case Crime No. 156 of 2024, under Section 80(2) BNS, Police Station- Atarra, District- Banda, during pendency of the trial in the court below.

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Learned counsel for the applicant submitted that on the basis of false allegation, applicant, who is husband of the deceased, has been made accused in the present matter and after considering entire facts of the case in detail, he had already been released on bail by this Court vide order dated 21.11.2024 passed in Criminal Misc. Bail Application No. 42721 of 2024 for the offences under Sections 80 and 85 BNS and 3/4 D.P. Act but he could not file his bail application before the court concerned for offence under Section 80(2) BNS and when he applied for bail under Section 80(2) BNS then his bail application has been dismissed by the court concerned.

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He further submitted that as earlier applicant has already been enlarged on bail by this Court for offene under Section 80 BNS, therefore, there was no occasion for the court concerned to dismiss the bail application of applicant for the offence under Section 80(2) BNS and considering this fact, he should be released on bail.

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He next submits, applicant has already submitted his bail bonds pursuant to the order dated 21.11.2024, therefore, he may be permitted to release on bail for offence under Section 80(2) BNS on the same bail bonds.

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Per contra, learned AGA however, opposed the prayer for bail but could not dispute the argument on facts advanced by learned counsel for the applicant.

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I have heard learned counsel for the parties and perused the record of the case.

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Considering the fact that earlier applicant had already been released on bail by this Court in the present case for offences under Sections 80, 85 BNS and 3/4 D.P. Act, in my view, he is entitled to be released on bail for offence under Section 80(2) BNS.

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Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed .

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Let the applicant- Mayank Bhushan Tripathi @ Ashok Kumar Tripathi be released on bail in the aforesaid case with the following conditions:-

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(i) The applicant shall appear before the trial court on the dates fixed, unless his personal presence is exempted.

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(ii) The applicant shall not directly or indirectly, make 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 any police officer or tamper with the evidence.

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(iii) The applicant shall not indulge in any criminal and anti-social activity.

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In case of breach of any of the above condition, the prosecution will be at liberty to move an application before this Court for cancellation of the bail of the applicant.

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It is clarified that the observations made herein are limited to the facts brought in by the parties pertaining to the disposal of bail application and the said observations shall have no bearing on the merits of the case during trial.

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Considering the fact that applicant has already submitted his bail bond pursuant to the earlier order dated 21.11.2024 passed by this Court for the offences under Sections 80, 85 BNS and 3/4 D.P. Act, he is permitted to be release on bail in the instant matter on same bail bonds and there is no need to furnish fresh bail bonds.

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Order Date :- 20.1.2025 KK Patel

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Digitally signed by :- KRISHN KANT PATEL High Court of Judicature at Allahabad

Mayank Bhushan Tripathi @ Ashok Kumar Tripathi v. State of U.P.

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Mayank Bhushan Tripathi @ Ashok Kumar Tripathi v. State of U.P.

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