Rishab Kumar Tripathi vs State of U.P. Thru. Addl. Chief… — Anticipatory Bail | Allahabad HC (2025)

Rishab Kumar Tripathi vs State of U.P. Thru. Addl. Chief… — Anticipatory Bail | Allahabad HC (2025)

What the court decided

AI extract

Outcome

Interim anticipatory bail granted: in the event of arrest, release on furnishing a personal bond and two sureties of the like amount to the satisfaction of the investigating officer/S.H.O.; applicant to report to the investigating officer within seven days of receiving a certified copy; conditions against influencing witnesses and leaving India without permission; notice issued to respondent No.2, learned A.G.A. to file objections/counter affidavit, matter listed for 12.12.2025.

Issue for consideration

Whether the applicant should be granted anticipatory bail in case crime No.181 of 2025 under sections 317(4) and 238 BNS, P.S. Paraspur, district Gonda. +1 more

Court's answer

The applicant has explained his criminal history in para 19 of the bail application.

Ratio / Principle

On a perusal of the first information report, the statement of Ashok Tripathi and the case diary, except the confessional statement there is no other material against the applicant at this stage.

Key takeaways

Prima facie, the ingredients to attract section 317(4) BNS are missing.ratio¶17
Relying on the above discussion and the judgments in Sushila Aggarwal (2020)5 SCC 1 and Musheer Alam (2025 SCC OnLine SC 116), and without entering into the merits, the court granted interim protection: in the event of arrest, the applicant is to be released on interim anticipatory bail on furnishing a personal bond and two sureties of the like amount to the satisfaction of the investigating officer/S.H.O.ratio¶21
The applicant shall report to the investigating officer within seven days from receipt of a certified copy of the order, and the investigating officer shall enlarge the applicant on anticipatory bail as directed.

Detailed headnote1 paragraphs

Anticipatory bail under Section 482 BNSS in case crime No.181 of 2025, Sections 317(4) and 238 BNS, P.S. Paraspur, district Gonda (Allahabad High Court, Lucknow Bench; Karunesh Singh Pawar, J.; October 30, 2025). Prosecution case: a cable vendor left 120 cables in a drum in a godown on 1.6.2025 and found the drum with the cables missing on 2.6.2025 at about 3.28 a.m. On a perusal of the FIR, the statement of co-accused Ashok Tripathi and the case diary, the court found that except the confessional statement there was no other material against the applicant at that stage, the prima facie ingredients of Section 317(4) BNS were missing, and the applicant had explained his criminal history (para 19). Relying on Sushila Aggarwal v. State (NCT of Delhi), (2020) 5 SCC 1, and Musheer Alam v. State of U.P., 2025 SCC OnLine SC 116, and expressly without entering into the merits, the court granted interim protection: on arrest, release on a personal bond with two like sureties to the satisfaction of the IO/S.H.O.; report to the IO within seven days of a certified copy; no influencing of witnesses and no leaving India without prior permission; default entitles the agency to seek vacation of the order. Notice to respondent No.2; A.G.A. to file counter affidavit; listed for 12.12.2025.

HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW

CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 1427 of 2025

Rishab Kumar Tripathi

.....Applicant(s)

Versus State Of U.P. Thru. Addl. Chief Secy. Deptt. Of Home And Another .....Opposite Party(s) Counsel for Applicant(s) : Shashank Shukla, Prachi Shukla Counsel for Opposite Party(s) : G.A.

Court No. - 15

HON'BLE KARUNESH SINGH PAWAR, J.

1. The present anticipatory bail application has been filed seeking anticipatory bail in case crime No.181 of 2025 under sections 317(4), 238 BNS, P.S. Paraspur, district Gonda.

2. Heard learned counsel for the applicant and learned Additional Government Advocate for the State.

3. It is alleged in the prosecution case that respondent No.2 who is vendor of cables left 120 cables on 1.6.2025 in a drum in the godown. On 2.6.2025 at about 3.28a.m., he found that the drum was missing along with 120 cables.

4. Learned counsel for the applicant submits that except confessional statement of Ashok Tripathi, co-accused, there is no material against the applicant. It is further submitted that no offence under section 317(4) BNS is made even if the prosecution case is taken as it is. There is no criminal antecedent of the applicant where he may be found to be dealing with the stolen cables or any other stolen article. Rest of the offence is punishable upto seven years.The applicant has been falsely implicated.The applicant has explained criminal history in para 19 of the

NABAIL No. 1427 of 2025

2

bail application.

Learned counsel for the applicant undertakes that the applicant shall cooperate in the investigation.

5. Learned Addl. Government Advocate has opposed the prayer made by applicant's counsel.

A perusal of the first information report and the statement of Ashok Tripathi as also case diary provided by learned A.G.A., it appears that except confessional statement, there is no other material against the applicant at this stage. Prima facie ingredients to attract section 317(4) BNS are missing. The applicant has explained the criminal history in para 19 of the bail application. Investigation is going on.

7. Issue notice to respondent No.2.

8. List on 12.12.2025. In the meantime, learned A.G.A. shall file objections/counter affidavit.

9. In view of above discussion and the judgment in Sushila Aggarwal and others versus State (NCT of Delhi) and another (2020)5 SCC 1, Musheer Alam versus The State of U.P. and another 2025 SCC OnLine SC 116 and without entering into the merit of the case, it would be appropriate to grant protection to the applicant.

10. In view of the above, as an interim protection, it is provided that in the event of arrest, the applicant shall be released on interim anticipatory bail on his furnishing a personal bond and two sureties of the like amount to the satisfaction of the investigating officer/S.H.O.

The applicant shall report to the investigating officer within seven days from the date of receipt of a certified copy of this order. The investigating officer shall enlarge the applicant on anticipatory bail, as directed above.

11. The applicant shall cooperate in the investigation and he will not influence the witnesses. The applicant shall not leave India sans previous permission of the Court.

In case of default, it would be open for the investigating agency to

NABAIL No. 1427 of 2025

3

proceed in accordance with law/ to move application for vacation of this order.

(Karunesh Singh Pawar,J.)

October 30, 2025

kkb/

Digitally signed by :- KRISHNA KUMAR BARANWAL High Court of Judicature at Allahabad, Lucknow Bench