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2025 DAILYLAW 101332 (ALL)

VINIT TRIPATHI v. STATE OF U.P. AND ANOTHER

NABAIL/7910/2025 · 2025-10-08

Yogesh Dubey Joint Registrar Judicial

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 7910 of 2025 Court No. - 72 HON'BLE JITENDRA KUMAR SINHA, J. 1. Heard Shri Pramod Kumar Srivastava, learned counsel for the applicant, Shri B.P. Maurya, learned A.G.A. for the State and perused the record. 2. The present application has been moved seeking anticipatory bail in Case Crime no.43 of 2025, under Sections 115(2), 351(2), 3(5), 109(1), 352, 324(4) of B.N.S., Police Station Manjhanpur, District Kaushambi, with the prayer that in the event of arrest, applicant may be released on bail. 3. It has been argued by the learned counsel for the applicant that applicant is innocent and he has been falsely implicated in this case. It is further submitted that the applicant was granted anticipatory bail till submission of police report under Section 193(3) of BNSS. It is further submitted that the applicant has not misused the liberty of anticipatory bail and he has cooperated in the investigation. He further submitted that no fruitful purpose would be served by keeping the matter pending. It is also submitted that as per injury report of the injured, the same does not correspond with the allegation in the first information report as the same is not caused by the firearm. The allegation in the first information report is that the applicant assaulted the injured by firearm. It was also submitted that applicant undertakes to co-operate during trial and he would appear as and when required by the investigating agency or Court. It has been stated that in case, applicant is granted anticipatory bail, he shall not misuse the liberty of bail and will co-operate with the investigation and would obey all conditions of bail. Versus Counsel for Applicant(s) : Pramod Kumar Srivastava Counsel for Opposite Party(s) : G.A. Vinit Tripathi .....Applicant(s) State of U.P. and Another .....Opposite Party(s) 4. On the other hand, learned A.G.A. has opposed the application for anticipatory bail. 5. The applicant was granted anticipatory bail bail till submission of police report under Section 193(3) of BNSS and the applicant has not misused the liberty of anticipatory bail and he has cooperated in the investigation. 6. It may be stated that in case of Siddharam Satlingappa Mhetre v. State of Maharashtra, (2011) 1 SCC 694, it has been held by Hon'ble Supreme Court that while deciding anticipatory bail, Court must consider nature and gravity of accusation, antecedent of accused, possibility of accused to flee from justice and that Court must evaluate entire available material against the accused carefully and that the exact role of the accused has also to be taken into consideration. 7. In the instant case, considering the settled principle of law regarding anticipatory bail, submissions of the learned counsel for the parties, role of applicant and all attending facts and circumstances of the case, without expressing any opinion on merits, a case for anticipatory bail is made out. 8. The anticipatory bail application is allowed. 9. In the event of arrest of the applicant- Vinit Tripathi involved in the aforesaid case crime shall be released on anticipatory bail on their furnishing a personal bond of Rs. 50,000/- with 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 evidence and that he would appear before the trial Court on the date fixed unless exempted by the Court concerned; (ii) 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/her/them from disclosing such facts to the Court or to any police officer; (iii) The applicant would co-operate during trial and would not misuse the liberty of bail. (iv) The applicant shall not leave India without prior permission of the Court concerned. NABAIL No. 7910 of 2025 2 10. In default of any of the conditions, the prosecution shall be at liberty to file appropriate application for cancellation of anticipatory bail granted to the applicant. October 9, 2025 RKM NABAIL No. 7910 of 2025 3 (Jitendra Kumar Sinha,J.) Digitally signed by :- RAJESH KUMAR MAURYA High Court of Judicature at Allahabad