Avnish Tripathi Alias Chintu vs State of U.P. — Bail and Remand | Allahabad HC (2025)

Avnish Tripathi Alias Chintu vs State of U.P. — Bail and Remand | Allahabad HC (2025)

What the court decided

AI extract

Outcome

Applicant Avnish Tripathi @ Chintu enlarged on bail upon furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned, subject to conditions of attending trial dates, not tampering with prosecution evidence, and not pressurizing prosecution witnesses; on breach, prosecution may move for bail cancellation before this Court.

Issue for consideration

Whether the applicant, implicated in Case Crime No. 383 of 2024 under Section 105 BNS (Police Station Brijmanganj, District Maharajganj) and in custody since 20.12.2024, should be enlarged on bail during the pendency of trial.

Court's answer

This Court prima facie found that during trial the informant, examined as PW-1, did not support the prosecution case and was declared hostile by the trial court on 24.06.2025.

Ratio / Principle

This Court found the applicant confined for more than ten months with no hope of early conclusion of trial, and noted that no reasonable apprehension was brought to the fore by the State that, if enlarged on bail, the applicant would tamper with evidence, delay the trial or intimidate witnesses.

Key takeaways

Without commenting on the merits of the case, the applicant was held entitled to be enlarged on bail.ratio¶¶16
Applicant Avnish Tripathi @ Chintu to be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned, subject to conditions: (i) appearance on dates fixed by the trial court; (ii) not tampering with prosecution evidence; (iii) not pressurizing prosecution witnesses.ratio¶¶17
In case of breach of any of the bail conditions, the prosecution shall be at liberty to move a bail cancellation application before this Court.

Detailed headnote1 paragraphs

Bail granted. High Court of Judicature at Allahabad (Vivek Varma, J., 06-11-2025) enlarged Avnish Tripathi alias Chintu on bail in Criminal Misc. Bail Application No. 6685 of 2025, filed under Section 483 BNSS, in respect of Case Crime No. 383 of 2024, Section 105 BNS, Police Station Brijmanganj, District Maharajganj, with trial pending. Grounds: the informant, examined as PW-1, did not support the prosecution case and was declared hostile by the trial court on 24.06.2025; the applicant had remained confined for more than ten months with no hope of early conclusion of trial; and the State advanced no reasonable apprehension of evidence-tampering, delay of trial or witness-intimidation. Merits were expressly not commented upon. Release ordered on a personal bond with two sureties each in the like amount, conditioned on trial attendance, non-tampering and non-pressure on prosecution witnesses; on breach, the prosecution may seek bail cancellation before this Court.

HIGH COURT OF JUDICATURE AT ALLAHABAD

CRIMINAL MISC. BAIL APPLICATION No. - 6685 of 2025

Avnish Tripathi Alias Chintu

.....Applicant(s)

	Versus
State of U.P.		.....Opposite Party(s)
Counsel for Applicant(s)	: Kamalesh Kumar Nishad, Maurya	Ram Awadh
Counsel for Opposite Party(s)	: G.A.

Court No. - 64

HON'BLE VIVEK VARMA, J.

Supplementary affidavit filed by the counsel for the applicant, is taken on record.

Heard learned counsel for the applicant and Sri Nagendra Kumar Mishra, learned AGA for the State-respondent.

The present bail application under Section 483 BNSS has been filed with a prayer to enlarge the applicant on bail in Case Crime No. 383 of 2024, under Section 105 BNS, Police Station Brijmanganj, District Maharajganj during the pendency of trial.

Counsel for the applicant submits that the applicant has been falsely implicated in the present case. During the course of trial the informant was examined as PW-1. The said prosecution witness in his examinationin-chief has not supported the prosecution case and has been declared hostile by the trial court on 24.06.2025. Criminal history of the applicant has been explained in para 19 of the affidavit. The applicant is in jail since 20.12.2024 and in case he is enlarged on bail, he will not misuse the said liberty.

Learned AGA opposed the prayer for bail but could not satisfactorily dispute the aforesaid submissions from the record.

Having heard counsel for the parties and having perused the record, this

BAIL No. 6685 of 2025

2

Court prima facie finds that during the course of trial, the informant was examined as PW-1. The aforesaid prosecution witness in his examinationin-chief has not supported the prosecution case and has been declared hostile by the trial court on 24.06.2025. Further, the applicant has remained confined for more than ten months and there is no hope of early conclusion of trial, more so when no reasonable apprehension has been brought to the fore by the State that the applicant, if enlarged on bail, would either tamper with the evidence or delay the trial or intimidate the witness, without commenting on the merits of the case, I am of the opinion that the applicant is entitled to be enlarged on bail.

Let the applicant Avnish Tripathi @ Chintu, involved in the aforesaid case 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 subject to the conditions that he:

(i) shall appear on the date fixed by the trial court;

(ii) shall not tamper with the prosecution evidence; and,

(iii) shall not pressurize the prosecution witnesses.

In case of breach of any of the above conditions, the prosecution shall be at liberty to move bail cancellation application before this Court.

(Vivek Varma,J.)

November 6, 2025 Lbm/-

Digitally signed by :- LAL BAHADUR MAURYA High Court of Judicature at Allahabad