Allahabad High Court
Vivek Tripathi vs State Of U.P. Thru. Prin. Secy. ... on 10 August, 2023
Bench: Subhash Vidyarthi
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Neutral Citation No. - 2023:AHC-LKO:53517
Court No. - 16
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 5431 of 2023
Applicant :- Vivek Tripathi
Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko.
Counsel for Applicant :- Yogeshwar Sharan Srivastava
Counsel for Opposite Party :- G.A.,Aniket Raj
Hon'ble Subhash Vidyarthi,J.
1. Heard Sri Yogeshwar Sharan Srivastava, the learned counsel for the applicant, Sri Jai Prakash, the learned AGA for the State and Sri Aniket Raj, Advocate who has filed vakalatnama on behalf of the informant.
2. This second bail application has been filed seeking release of the applicant on bail in Case Crime No. 36 of 2016, under Sections 408, 420, 467, 468, 471, 411, 120-B of IPC, Police Station Ganga Ghat, District Unnao.
3. The first bail application bearing No. 9627 of 2020 was rejected by means of an order dated 13.01.2021. The second application has been moved on the ground that subsequent to rejection of the applicant's first bail application, three co-accused persons, Sumit Awasthi, Ramwati Awasthi and Rishi Nath Awasthi have been granted bail by this Court and copies of their bail orders have been annexed as Annexure Nos. 8 & 9 to the affidavit filed in support of the bail application.
4. The first bail application of the applicant was rejected by means of an order dated 13.01.2021. One of the considerations which had made by the Court was that the bail application of the co-accused Sumit Awasthi has already been rejected by this Court. Subsequent to rejection of the first bail application of the applicant, Sumit Awasthi has been granted bail.
5. Learned counsel for the applicant has submitted that this fact recorded in the order dated 13.01.2021 was incorrect as Sumit Awasthi had not filed application for his release on bail till 31.01.2021. He filed Criminal Misc. Bail Application No. 15220 of 2021 in December, 2021 and it was allowed by means of an order dated 22.12.2021. Bail of co-accused Ramwati Awasthi and Rishi Nath Awasthi has also been allowed by this Court, copies of their bail orders have been annexed as Annexure No. 9 to the affidavit. In paragraph no. 4 of he affidavit, it has been stated that only two witnesses have been examined till date and the applicant is languishing in jail since 17.06.2016.
6. The applican's involvement in 32 other cases have been disclosed in a tabulated form in Annexure 6 to the affidavit filed in support of the application and the applicant had already been granted bail in 15 cases till filing of the bail application and two other cases bearing Case Crime Nos. 47 of 2021 & 49 of 2021, both filed under Sections 406, 420, 467, 468, 471 IPC, Police Station Vikas Nagar, Lucknow, the applicant has been granted bail by means of orders dated 27.07.2023 passed by this Court in Criminal Misc. Bail Application Nos. 9235 of 2023 and 9204 of 2022. The allegations levelled in Case Crime No. 47 of 2021 and 49 of 2021 are similar to the allegations levelled against the applicant in the present case.
7. The learned counsel for the informant has vehemently opposed the bail application and he has stated that long criminal history of the applicant dis-entitles him for being granted bail. He has further submitted that the applicant had challenged the order dated 13.01.2021 rejecting his first bail application by filing SLP (Crl.) No. 4513 of 2022 and while declining to interfere with the order denying bail to the applicant, following directions were issued by the Hon'ble Supreme Court:-
(1) The State/Police/public prosecutor will file an application before the District and Sessions Judge, Kanpur for transfer of cases pending in the district and city of Kanpur before a single/one court.
(2) The State/Police/Public Prosecutor would be at liberty to file an application before the High Court of Judicature at Allahabad under Section 406 of the Code of Criminal Procedure, 1973 for transfer of the cases in the State of Uttar Pradesh before a single/one court. If such application is filed, the same would be considered and decided as per law.
(3) The police/jail authorities will/should ensure that the accused are produced at the time of trial. Option may be given to the accused to appear through virtual mode, if feasible. The authorities also have option to shift all the accused to a one jail, subject to the rules and the jail manual permitting such transfer/movement.
(4) The trial in the charge-sheet filed in FIR No. 534 of 2014 P.S. Kotwali District Kanpur Nagar, would be taken up first. Recording of evidence and the trial in the said charge-sheet should conclude on or before 31st March, 2023. In case, any party, whether the State or the accused, pray for an adjournment, whether granted or not, the factum would be specifically recorded and mentioned in the order sheet. The shortest possible dates would be given.
(5) In case, the trial cannot be concluded before the 31st March, 2023, a status report would be filed before this Court along with the order sheets in the prosecution case/charge-sheet arising out of FIR No. 534/2014.
8. The trial of offence involved in FIR No. 534 of 2014, Police Station Kotwali Nagar, District Kanpur Nagar was taken up first in compliance of the aforesaid directions issued by the Hon'ble Supreme Court an the applicant has been acquitted in the aforesaid case.
9. The learned counsel for the applicant has submitted that the the applicant was not an accused in that case and the persons accused in that case, namely Sumit Awasthi and Ramwati Awasthi, have been acquitted by means of a judgment and order dated 27.03.2023 passed by the Chief Judicial Magistrate, Unnao in Criminal Misc. Bail Application No. 1100 of 2018.
10. The learned counsel for the informant has stated that an appeal filed against the judgment and order dated 27.03.2023 is pending.
11. Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that subsequent to rejection of the first bail application of the applicant two co-accused persons have have also been granted bail; that the applicant is languishing in jail since 17.06.2016 and trial is yet to be concluded; that the statement of the informant has already been recorded and in case of his release on bail, the applicant will not be in a position to influence the witnesses and that although the applicant has a long criminal history, numerous cases against him are of similar nature and he has already been granted bail in as many as 17 case, I am of the view that the applicant is entitled to be released on bail in the aforesaid crime.
12. Accordingly, this bail application stands allowed.
13. Let the applicant-Vivek Tripathi be released on bail in Case Crime No. 36 of 2016, under Sections 408, 420, 467, 468, 471, 411, 120-B of IPC, Police Station Ganga Ghat, District Unnao on furnishing a personal bond and two sureties each in the like amount to the satisfaction of magistrate/court concerned, subject to following conditions:-
(i) the applicant shall not tamper with the prosecution evidence;
(ii) the applicant shall not pressurize the prosecution witnesses;
(iii) the applicant shall appear on each and every date fixed by the trial court.
Order Date :- 10.8.2023
Pradeep/-
