ASHISH KUMAR TRIPATHI v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND ANOTHER
ABAIL/765/2025 · 2025-07-08
Karunesh Singh Pawar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 150045 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 150045 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:38475 Court No. - 14 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 765 of 2025 Applicant :- Ashish Kumar Tripathi Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And Another Counsel for Applicant :- Amit Kumar Singh,Virijendra Kumar Singh Counsel for Opposite Party :- G.A. Hon'ble Karunesh Singh Pawar,J. Heard learned counsel for the applicant and learned A.G.A. for the State, as well as perused the record. Notice to respondent no. 2 is dispensed with in view of the proposed order. The accused-applicant seeks anticipatory bail in Case Crime No. 384 of 2017, under Sections 409, 420, 467, 468, 471, 120-B I.P.C., Police Station Alambagh, District Lucknow. The allegation in the prosecution case is that a Non-Banking Finance Company, which was not registered under Section 45 of the RBI Act, 1934, lured innocent members of the public by making false promises to deposit their money in the said company. A total of Rs. 14,0000000/- is alleged to have been misappropriated. The applicant is said to be the Additional Director of the company.
Learned counsel for the applicant submits that co-accused Indu Dubey, who was the Director of the company, has already been granted regular bail. A copy of the said bail order has been annexed as Annexure-7 to the bail application. It is further submitted that the applicant is innocent and has explained the criminal history involving eight cases. Learned A.G.A. has opposed the bail prayer of the applicant but could not dispute the factual submissions made above. I have considered the rival submissions and perused the record. Perusal of the F.I.R. reveals that it was lodged pursuant to the directions issued by the State Government. The applicant, who is stated to be the Additional
Director of the company, held such position for a period of two years, i.e., from 08.08.2008 to 04.10.2010. A specific allegation has been made against the applicant that he acted in collusion with the co-accused. It is further alleged that the applicant absconded, and as a result, non-bailable warrants and proceedings under Section 82 Cr.P.C. have been issued against him. The investigation is said to be still pending. The applicant also admittedly has a criminal history of eight cases. Considering the prima facie involvement of the applicant, the issuance of non- bailable warrant and proclamation proceedings, the nature and gravity of the offence, and the admitted criminal history, this Court is of the opinion that the present case does not warrant grant of anticipatory bail. It is also not a case where the applicant appears to have been falsely implicated with the intention to malign his reputation. The anticipatory bail application is accordingly rejected.
Order Date :- 8.7.2025 Madhu D.R/P.S Digitally signed by :- MADHU KUMARI High Court of Judicature at Allahabad, Lucknow Bench