Allowed

Atul Prakash Tripathi Alias Chhotu v. State of U.P. and Another

Allahabad HC20 Jun 2025CRLA/5527/2025

Case brief

AI extract

What is this about?

Appeal under Section 14-A(2) SC/ST Act against rejection of bail in a murder case under BNS Sections 103(1) and 238(b). The court noted the eye witness's statement was recorded 35 days after the appellant's confessional statement, found the case fit for bail, allowed the appeal, set aside the bail rejection order, and directed release on bond with conditions.

What did the court decide?

Bail granted; impugned order rejecting bail set aside; release on personal bond and two sureties with conditions.

Atul Prakash Tripathi Alias Chhotu vs State of U.P. and… — Caste Atrocities | Allahabad HC (2025)

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HIGH COURT OF JUDICATURE AT ALLAHABAD

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CRIMINAL APPEAL No. - 5527 of 2025

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Atul Prakash Tripathi Alias Chhotu

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.....Appellant(s)

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Versus

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State of U.P. and Another

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.....Respondent(s)

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Counsel for Appellant(s)	: Ravindra Prakash Srivastava
Counsel for Respondent(s)	: G.A.

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Court No. - 87

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HON'BLE ANIL KUMAR-X, J.

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Case called out in the revised call. None has appeared on behalf of opposite party no.2. Heard learned counsel for appellant and the learned AGA for State.

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As per office report, notice has been served on opposite party no. 2, however, none has appeared on behalf of opposite party no.2 to oppose the appeal.

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This criminal appeal under Section 14-A(2) of The Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act, 1989 has been preferred by the appellant with the prayer to allow the appeal, set aside the bail rejection order dated 14.5.2025 passed by learned Special Judge (S.C./S.T. Act), Sant Kabir Nagar in Bail Application No. 570 of 2025, arising out of Case Crime No. 897 of 2024, under Sections 103(1), 238(b) of B.N.S. and 3(2)(v) 3(2)(vi) of S.C./S.T. Act, at Police Station-Kotwali Khalilabad, District-Sant Kabir Nagar.

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Learned counsel for the appellant has submitted that informant has lodged that his brother Ram Janam was taken by appellant Atul Prakash Tripathi on his tractor. Learned counsel has submitted that such incident was not seen by anyone. Investigating Officer on an information given by informant on 23.11.2024 arrested the appellant and recorded his confessional statement. Appellant before Investigating Officer confessed that he threw deceased from his tractor and thereafter deceased was crushed by rotator. Later on, an alleged eye witness Krishna Nand Tiwari's statement was recorded after 35 days and he has corroborated the confessional statement of appellant. It is submitted that the manner in which the evidence by Investigating Officer has been collected clearly indicates that the evidences were planted against

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CRLA No. 5527 of 2025

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appellant. Hence, the appellant is entitled for bail.

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Learned AGA for State has opposed the aforesaid prayer of the learned counsel for appellant and has submitted that postmortem report indicates that he has suffered two crushed injuries along with six injuries of abrasion. Statement of eye witness Krishna Kumar Tiwari supports the prosecution version. Hence, the appellant is not entitled for bail.

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I have considered the rival submissions so made and have gone through the entire record.

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Considering the fact that the statement of alleged eye witness Krishna Kumar Tiwari was recorded after 35 days after the confessional statement of appellant was recorded by Investigating Officer. This Court finds that it is a fit case to grant bail to the appellant.

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Having regard to the facts and circumstances of the case and keeping in view the nature of the offence, evidence, complicity of the accused, severity of punishment, the Court is of the opinion that the appellants have made out a case for bail.

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Accordingly, the appeal is allowed and the impugned order rejecting the bail application of the appellant is set-aside.

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Let the appellant- Atul Prakash Tripathi Alias Chhotu involved in Case Crime No. 897 of 2024, under Sections 103(1), 238(b) of B.N.S. and 3(2)(v) 3(2)(vi) of S.C./S.T. Act, at Police Station-Kotwali Khalilabad, District-Sant Kabir Nagar , 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 following conditions. Further, before issuing the release order, the sureties be verified.

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(i) The appellant will not tamper with the evidence during the trial.

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(ii) The appellant will not pressurize/ intimidate the prosecution witness.

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(iii) The appellant will appear before the trial court on the date fixed, unless personal presence is exempted.

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(iv) The appellant shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected.

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(v) The appellant shall not directly or indirectly make any inducement, threat

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CRLA No. 5527 of 2025

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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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In case of breach of any of the above conditions, the concerned Court shall be at liberty to take appropriate coercive action for appearance of the accused or to cancel the bail granted.

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November 13, 2025 Mukesh

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(Anil Kumar-X,J.)

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Digitally signed by :- MUKESH SRIVASTAVA High Court of Judicature at Allahabad

Atul Prakash Tripathi Alias Chhotu v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

Atul Prakash Tripathi Alias Chhotu v. State of U.P. and Another

Case brief

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