Allahabad High Court
Brahmadev Tripathi vs State Of U.P. And Another on 26 April, 2023
Bench: Krishan Pahal
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 83
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 4308 of 2023
Applicant :- Brahmadev Tripathi
Opposite Party :- State of U.P. and Another
Counsel for Applicant :- Sanjay Dwivedi
Counsel for Opposite Party :- G.A.
Hon'ble Krishan Pahal,J.
1. List has been revised.
2. Heard Sri Sanjay Dwivedi, learned counsel for the applicant and Sri Nitin Kesharwani, learned A.G.A. for the State as well as perused the record.
3. The present anticipatory bail application has been filed on behalf of the applicant in Case Crime No.20 of 2023, registered under Sections 420, 406 I.P.C. at Police Station Kotwali Dehat, District Mirzapur with a prayer to enlarge him on anticipatory bail.
4. As per prosecution story, on the advice of the applicant the informant is stated to have invested an amount of Rs. 1,00,000/- in the year, 2007 in the company Petron Minerals & Metals Ltd., Jagdishpur, Sultanpur on the pretext that she shall be given an amount of Rs.3,70,000/- after ten years. The applicant is stated to have informed the informant that the said company has been liquidated and promoters have run away.
5. Learned counsel for the applicant has stated that he has been falsely implicated in this case. He was simply an agent in the company and has nothing to do with the day to day affair of the company. He himself is an employee and is not responsible for the affairs of the company. The applicant has no criminal history to his credit. Several other submissions have been made on behalf of the applicant to demonstrate the falsity of the allegations made against him. The circumstances which, as per counsel, led to the false implication of the applicant have also been touched upon at length. The applicant has apprehension of his arrest. Learned counsel for the applicant undertakes that he has co-operated in the investigation and is ready to do so in trial also failing which the State can move appropriate application for cancellation of anticipatory bail.
6. Per contra, learned A.G.A. has vehemently opposed the anticipatory bail application and has stated that the applicant had even given an assurance on a stamp paper of ten rupees that the said money shall be returned but had duped her hard earned money being a relative.
7. On due consideration to the arguments advanced by learned counsel for the applicant as well as learned A.G.A. and considering the nature of accusations and antecedents of the applicant, the applicant is liable to be enlarged on anticipatory bail in view of the judgment of Supreme Court in the case of "Sushila Aggarwal Vs. State (NCT of Delhi), (2020) 5 SCC 1". The future contingencies regarding the anticipatory bail being granted to applicant shall also be taken care of as per the aforesaid judgment of the Apex Court.
8. In view of the above, the anticipatory bail application of the applicant is allowed. Let the accused-applicant- Brahmadev Tripathi be released forthwith in the aforesaid case crime (supra) on anticipatory bail till the conclusion of trial on furnishing a personal and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:-
(i). that the applicant shall make himself available for interrogation by a police officer as and when required;
(ii). that the applicant shall not, directly or indirectly make any 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 to any police officer or tamper with the evidence;
(iii). that the applicant shall not leave India without the previous permission of the court;
(iv). that in case charge-sheet is submitted the applicant shall not tamper with the evidence during the trial;
(v). that the applicant shall not pressurize/ intimidate the prosecution witness;
(vi). that the applicant shall appear before the trial court on each date fixed unless personal presence is exempted;
(vii). that in case of breach of any of the above conditions the court below shall have the liberty to cancel the bail.
9. It is made clear that observations made hereinabove are exclusively for deciding the instant anticipatory bail application and shall not affect the trial.
[Krishan Pahal, J.]
Order Date :- 26.4.2023
Vikas
