Allahabad High Court
Tripti Shakya vs Central Bureau Of Investigation on 24 May, 2022
Author: Krishan Pahal
Bench: Krishan Pahal
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Court No. - 28 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 772 of 2022 Applicant :- Tripti Shakya Opposite Party :- Central Bureau Of Investigation Counsel for Applicant :- Pranshu Agrawal Counsel for Opposite Party :- Anurag Kumar Singh Hon'ble Krishan Pahal,J.
Heard Sri Pranshu Agrawal, learned counsel for the applicant, Sri Romit Seth, learned counsel for the informant and Sri Dharmendra Pratap Singh, Advocate holding brief of Sri Anurag Kumar Singh, learned counsel for the CBI as well as perused the record.
The present anticipatory bail application has been filed on behalf of the applicant in Criminal Case No.341 of 2022, FIR/Crime No. RC 053 2021 S 0002 of 2021 registered under Section 120-B r/w 409, 418, 419, 420, 467, 468, 471 and 477-A IPC and Sections 13(2) r/w 13(1)(d) of Prevention of Corruption Act, 1988 at Police Station- CBI/SCB/Lucknow, District Lucknow with a prayer to enlarge her on anticipatory bail.
Learned counsel for the applicant has submitted that co-accused persons, Santosh Pankaj, Deepak Kumar Verma and Shailabh Prajapati, have already been granted anticipatory bail by Co-ordinate Bench of this Court vide orders dated 19.01.2021, 19.01.2021 and 12.02.2021 passed in Criminal Misc. Anticipatory Bail Application U/S 438 Cr.P.C. Nos.794 of 2021, 886 of 2021 and 3345 of 2021. Therefore, the present applicant is also entitled for anticipatory bail on the ground of parity. Learned counsel for the applicant undertakes that she will cooperate in the trial failing which the State can move appropriate application for cancellation of the anticipatory bail.
The prayer for anticipatory bail has been vehemently opposed by Sri Romit Seth, learned counsel for the informant and Sri Dharmendra Pratap Singh, Advocate holding brief of Sri Anurag Kumar Singh, learned counsel for the CBI. However, the aforesaid factual aspect of the parity to the co-accused has not been disputed by them.
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 on the ground of parity and in view of the judgment of Supreme Court in the case of "Shri Gurbaksh Singh Sibbia and Others vs. State of Punjab, (1980) 2 SCC 656". 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.
In view of the above, the anticipatory bail application of the applicant is allowed. Let the accused-applicant- Tripti Shakya be released forthwith in the aforesaid case crime (supra) on anticipatory bail on furnishing a personal bond of Rs.50,000/- and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:-
1. that the applicant shall make herself available for interrogation by a police officer as and when required;
2. 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 her from disclosing such facts to the court or to any police officer or tamper with the evidence;
3. that the applicant shall not leave India without the previous permission of the court;
4. that the applicant shall not pressurize/ intimidate the prosecution witness;
5. that the applicant shall appear before the trial court on each date fixed unless personal presence is exempted;
6. that in case of breach of any of the above conditions the court below shall have the liberty to cancel the bail.
It is made clear that observations made hereinabove are exclusively for deciding the instant anticipatory bail application and shall not affect the trial or deciding the regular bail application.
Order Date :- 24.5.2022 Ravi Kant