Allahabad High Court
Sandeep Kumar Tripathi vs State Of U.P. And Anr. on 25 January, 2023
Bench: Karunesh Singh Pawar
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Court No. - 12
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 9412 of 2021
Applicant :- Sandeep Kumar Tripathi
Opposite Party :- State Of U.P. And Anr.
Counsel for Applicant :- Shailendra Pathak,Ajay Singh,Arti Rawat
Counsel for Opposite Party :- G.A.,Abhishek Yadav,Ajay Madhavan
Hon'ble Karunesh Singh Pawar,J.
The applicant has moved the present application for anticipatory bail in Case Crime No.579 of 2020 under sections 406, 409, 420 I.P.C., P.S.- Motipur, District -Bahraich.
Heard learned counsel for the applicant and learned A.G.A. for the State who has opposed the bail. None appears for the complainant even after revision of the list.
Gist of the issue involved in the present anticipatory bail application is given in order dated 14.2.2022, which is extracted below :
"Heard Sri Shailendra Pathak,learned counsel for the applicant, Ms.Mamta Pandey,learned A.G.A. and Sri Akash,Advocate holding brief of Sri Ajay Madhavan,learned counsel for the complainant and perused the record.
The present bail application under Section 438 Cr.P.C. has been filed by the accused-applicant Sandeep Kumar Tripathi involved in Case Crime No.579 of 2020 under sections 406, 409, 420 I.P.C., P.S.- Motipur, District -Bahraich.
Learned counsel for the applicant submitted that the applicant is the Secretary,Gram Panchayat Gulra. He further submitted that the applicant has falsely been implicated in the case as he refused to give commission to the officers. The delay in making the toilets is due to Covid-19 pandemic. The applicant has no criminal history. Offences are triable by Magistrate.He further submitted that the co-accused Radha Devi,Gram Pradhan has been granted anticipatory bail by a coordinate Bench of this Court by means of the order dated 21.12.2021 passed in Criminal Misc.Anticipatory Bail Application No.14600 of 2021.
It is submitted that 329 eligible beneficiaries were selected and out of that 175 lavatories have been constructed by the applicant and he further undertakes that the applicant shall construct the remaining lavatories as per prescribed parameters, expeditiously.
Learned A.G.A. and learned counsel for the complainant though opposed the prayer for bail but could not contradict the aforesaid facts as argued by the learned counsel for the applicant.
Having considered the submissions of learned counsel for the parties and on perusal of record and the fact that the co-accused Radha Devi has been granted bail by this Court and that the applicant has no criminal history, this Court is of the view that the applicant is entitled for interim protection by this Court.
In the event of arrest of the applicant namely Sandeep Kumar Tripathi in the aforesaid case, he shall be released forthwith by the Station House Officer of the police station concerned, on his furnishing personal bond and two sureties of Rs.50,000/- each with the following conditions:-
(i) That the accused-applicant shall make himself available for interrogation by police authorities as and when required and will cooperate with the investigation;
(ii) That the accused-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; and
(iii) That the accused-applicant shall not leave India without the previous permission of the Court.
However, it is directed that the applicant will join and participate in each and every aspect of Investigation and will lend full assistance to the Investigating Agency, even with regard to 'discovery of fact' if and when required so by the Investigating Agency.
Connect and list alongwith Criminal Misc. Anticipatory Bail Application No.14600 of 2021.
In the meantime, counter affidavit may be filed by learned counsel for the opposite parties."
Considering the fact that the applicant was granted interim protection vide order extracted above, he has cooperated in the investigation and further undertakes to cooperate in the trial, the offence is triable by Magistrate, the co-accused Radha Devi,Gram Pradhan has been granted anticipatory bail by a coordinate Bench of this Court by means of the order dated 21.12.2021 passed in Criminal Misc.Anticipatory Bail Application No.14600 of 2021, and without expressing any opinion on the merit of the case, I am of the opinion that the applicant is entitled to be released on bail in this case in the light of judgment of Supreme Court in Sushila Aggarwal and others vs. State (NCT of Delhi) and another (2020)5 SCC 1, subject to his cooperation in the trial.
In view of the above. the accused applicant is directed to surrender before trial court if he is summoned to face trial for offence in question after filing of the charge sheet. The accused applicant shall be released on bail by the trial court on his furnishing a personal bond and two sureties each of the like amount to the satisfaction of the trial Court, with the following conditions.
(i) 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 tamper with the evidence;
(ii) The applicant shall not leave India without the previous permission of the court;
(iii)The applicant shall not pressurize/ intimidate the prosecution witness;
(iv)The applicant shall appear before the trial court on each date fixed unless personal presence is exempted;
(v) In case of breach of any of the above conditions the court below shall have the liberty to cancel the bail;
Any other reasonable restrictions/conditions which the trial court may deem fit and proper can be imposed.
It is made clear that the observations made in granting bail to the applicant shall not in any way affect the trial Judge in forming his independent opinion based on the testimony of the witnesses.
In view of the aforesaid, the anticipatory bail application is allowed.
Order Date :- 25.1.2023
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