Allahabad High Court
Anand Tripathi vs State Of U.P. on 9 May, 2022
Author: Vivek Varma
Bench: Vivek Varma
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 74 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 48581 of 2021 Applicant :- Anand Tripathi Opposite Party :- State of U.P. Counsel for Applicant :- Ashwini Kumar Ojha Counsel for Opposite Party :- G.A.,Malay Prasad Hon'ble Vivek Varma,J.
Heard learned counsel for the applicant, Sri Malay Prasad, counsel for the informant and learned AGA for the State-opposite party.
The instant bail application, under Section 439 Cr.P.C., has been filed with a prayer to enlarge the applicant on bail in Case Crime No. 52 of 2019, under Sections 406, 420, 467, 468, 471, 120B I.P.C., Police Station- Barra, District- Kanpur Nagar during the pendency of trial.
It is submitted that the applicant has been falsely implicated in the instant case due to business rivalry. The first information report has been lodged against the applicant and four others. As per prosecution case, co-accused Sumit Awasthi was a salesman of company namely, "Biomass Research Evam Technical Solution Pvt. Ltd. Kanpur". He used to collect cheques and cash on behalf of the aforesaid company for the goods supplied by the company to its customers and used to tender receipts of deposits to the customers on behalf of the company. Later on, company was informed that money was not received. According to the prosecution, the money was deposited in the account of the firm i.e. Biomass Research Evam Technical Solution. It is contended that the applicant had no role in issuing the receipts and depositing of money in account of Bio Mass research Evam Technical Solution. The said company has been opened by co-accused Sumit Awasthi. The applicant being the brother-in-law of accused Sumit Awasthi has been implicated in the instant case. No prima facie case is made out against the applicant. First information report of similar nature has been lodged against the applicant and other persons and against main accused Sumit Awasthi. The applicant has been granted bail in similar situated cases vide orders dated 11.11.2021 and 7.1.2022 passed in Criminal Misc. Bail Application No. 39114 of 2021 and 49292 of 2021. It is submitted that the charge-sheet has been submitted on 11.1.2020. The applicant is no more required for the purpose of investigation. It is also contended that the accused Sumit Awasthi has already been granted bail by Hon'ble Supreme Court in a case of similar nature in Special Leave Petition (Criminal) Diary No. 12582 of 2020 vide order dated 17.8.2021. It has also been pointed out that in the wake of heavy pendency of cases in the Court, there is no likelihood of any early conclusion of trial. The applicant is in jail since 03.11.2019. In case he is enlarged on bail, he will not misuse the said liberty.
Learned AGA as well as counsel for the informant has opposed the prayer for bail but could not satisfactorily dispute the aforesaid submissions from the record.
I see merit in the submissions of learned counsel for the applicant and accordingly, hold that the applicant is entitled to be enlarged on bail.
In the light of preceding discussion and without making any observations on the merits of the case, the application is allowed.
Let the applicant, Anand Tripathi involved in the aforesaid case be released on bail on his furnishing a personal bond and two local sureties each in the like amount to the satisfaction of the court concerned subject to the conditions that he:
(i) shall appear on the date fixed by the trial court;
(ii) shall not tamper with the prosecution evidence;
(iii) shall not pressurize the prosecution witnesses.
In case of breach of any of the above conditions, the prosecution shall be at liberty to move bail cancellation application before this Court.
Order Date :- 9.5.2022 S.S.