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Neutral Citation No. - 2025:AHC:13983 Court No. - 82 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 45520 of 2024 Applicant :- Paripurna Nanad Tripathi Opposite Party :- State of U.P. Counsel for Applicant :- Lalita Mishra,Rajnish Shukla Counsel for Opposite Party :- G.A. Hon'ble Nalin Kumar Srivastava,J.
1. Heard learned counsel for the applicant as well as learned A.G.A. for the State and perused the record. 2. This is the repeat bail application on behalf of the accused- applicant Paripurna Nanad Tripathi involved in Case Crime No. 578 of 2022 under Sections 419, 420, 467, 468, 471, 406 I.P.C., Police Station- Sahjanwa, District- Gorakhpur. 3. The first bail application of the accused-applicant has been decided on merits and it has been rejected by this Court vide order dated19.7.2024. 4. It is submitted by learned counsel for the applicant that the only additional and new ground in the second bail application is the detention period of the accused. He is lying in jail for about 9 months. Except offence under Section 467 I.P.C. all the other offences are punishable up to seven years imprisonment. The allegations made in the FIR are false. It is further submitted that co-accused Avinash Tiwari has been granted bail by co-ordinate Bench of this Court in Cr. Misc. Bail Application No. 21579 of 2024 by order dated 10.01.2025. It is lastly contended that the accused applicant is languishing in jail since 4.4.2024 and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial. 5. On the other hand, learned AGA opposed the prayer for bail. 6. Grounds for bail are sufficient. Hence, keeping in view the nature of the offence, evidence, complicity of the accused, severity of punishment, submissions of the learned counsel for the parties, the dictum of Apex Court in the case of Dataram Singh vs. State of U.P. and another, (2018) 3 SCC 22, and without expressing any
opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed. 7.
Let the applicant Paripurna Nanad Tripathi involved in Case Crime No. 578 of 2022 under Sections 419, 420, 467, 468, 471, 406 I.P.C., Police Station- Sahjanwa, District- Gorakhpur be released on bail on furnishing a personal bond and two heavy sureties each in the like amount to the satisfaction of the court concerned subject to following conditions. Further, before issuing the release order, the sureties be verified. i. The applicant will not tamper with the evidence during the trial. ii. The applicant will not pressurize/ intimidate the prosecution witness. iii. The applicant will appear before the trial court on the date fixed, unless personal presence is exempted. iv. The applicant shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected. v. 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 to any police officer or tamper with the evidence.
8. In case of breach of any of the above conditions, the prosecution shall be at liberty to move bail cancellation application before this Court.
9. Submissions and observations made in this order are only for deciding the bail application. The trial Court while deciding the trial will not be influenced with the same.
Order Date :- 27.1.2025 Fhd Digitally signed by :- FAHAD NIYAZ High Court of Judicature at Allahabad