Allahabad High Court
Manish Tripathi vs State Of U.P. on 11 December, 2019
Author: Saumitra Dayal Singh
Bench: Saumitra Dayal Singh
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 71 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 55012 of 2019 Applicant :- Manish Tripathi Opposite Party :- State of U.P. Counsel for Applicant :- Rahul Srivastava,Sunita Srivastava Counsel for Opposite Party :- G.A. Hon'ble Saumitra Dayal Singh,J.
1. Sri Rajiv Kumar Pandey, learned Advocate, has filed appearance today on behalf of the informant. Taken on record.
2. Heard Sri Rahul Srivastava, learned counsel for the applicant; Sri Rajiv Kumar Pandey, learned counsel for the informant as well as Sri Vikash Goswami, learned AGA for the State and perused the material placed on record.
3. The instant bail application has been filed on behalf of the applicant - Manish Tripathi with a prayer to release him on bail in Case Crime No. -878 of 2019, under Sections - 364-A I.P.C., Police Station -Naini , District - Allahabad, during pendency of trial.
4. Learned counsel for the applicant states that in exact similar allegations, co-accused Vijendra Singh @ Chanki & Abhishek Singh, have already been enlarged on bail by this Court in Criminal Misc. Bail Application Nos.51652 of 2019 & 52411 of 2019 vide orders dated 25.11.2019 & 29.11.2019 respectively. For the reasons contained in those orders, the present applicant is also entitled for bail. Further, it has been submitted that the applicant has no criminal history. However, upon the present case of Arms Act has been instituted against the applicant wherein he has already been enlarged on bail in that case.
5. In view of the above, without expressing any opinion on the final 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:-
(i) The applicant shall not tamper with the prosecution evidence by intimidating/pressuring the witness, during the investigation or trial.
(ii) The applicant shall cooperate in the trial sincerely without seeking any adjournment.
(iii) The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.
6. In case, of breach of any of the above conditions, the bail being granted shall be cancelled.
7. Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.
Order Date :- 11.12.2019 S.Chaurasia