Bhure Tripathi @ Rahul Tripathi vs State Of U.P.
2019 Latest Caselaw 5658 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 78
 

 
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 27029 of 2019
 

 
Applicant :- Bhure Tripathi @ Rahul Tripathi
 
Opposite Party :- State Of U.P.
 
Counsel for Applicant :- Babu Lal Ram
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Mrs. Manju Rani Chauhan,J.

Heard Sri Abhilash Pandey, Advocate holding brief of Sri Babu Lal Ram, learned counsel for the applicant, Sri P.K. Shahi, learned A.G.A. for the State and perused the material on record.

The instant bail application has been filed on behalf of the applicant, Bhure Tripathi @ Rahul Tripathi with a prayer to release him on bail in S.S.T. No. 48 of 2017 arising out of Case Crime No. 207 of 2016, under Sections 147, 148, 149, 308, 323, 324, 325, 326, 504, 506 IPC, Police Station-Rampura, District- Jalaun, during pendency of trial.

It is argued by the learned counsel for the applicant that the applicant is wholly innocent and has been falsely implicated in the present case due to ulterior motive. The co-accused persons, namely, Mayank Pandey, Kallu Tripathi, Devendra, Navin Kumar and Arvind Kumar have been granted bail by another Bench of this Court vide orders dated 27.10.2016, 17.11.2016, 11.06.2019 and 12.06.2019 passed in Criminal Misc. Bail Application Nos. 37080 of 2016, 39970 of 2016, 23991 of 2019, 24092 of 2019 and 24086 of 2019, respectively and the case of the applicant stands on identical footing, hence the applicant is also entitled for bail on the ground of parity. The applicant is languishing in jail since 15.06.2019. The applicant does not have any previous criminal history. In case, he is released on bail, he will not misuse the liberty of bail and will cooperate in the trial by all means.

Per contra learned A.G.A. has opposed the bail prayer of the applicant by contending that the innocence of the applicant cannot be adjudged at pre trial stage, therefore, he does not deserves any indulgence. In case the applicant is released on bail he will again indulge in similar activities and will misuse the liberty of bail.

Having considered the submissions of the parties and the dictum of Apex Court in the case of Dataram Singh Vs. State of U.P. and another, reported in (2018) 3 SCC 22 and without expressing any opinion on the merits of the case, let the applicant involved in the aforesaid crime 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 that :-

1. The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.

2. The applicant shall cooperate in the trial sincerely without seeking any adjournment.

3. The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.

In case, of breach of any of the above conditions, it shall be a ground for cancellation of bail.

Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.

Order Date :- 8.7.2019

JK Yadav