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2025 DAILYLAW 153457 (ALL)

DR. ADARSH KUMAR TRIPATHI v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO

ABAIL/812/2025 · 2025-07-25

Karunesh Singh Pawar

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:42779 Court No. - 14 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 812 of 2025 Applicant :- Dr. Adarsh Kumar Tripathi Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko Counsel for Applicant :- Anuuj Taandon Counsel for Opposite Party :- G.A. Hon'ble Karunesh Singh Pawar,J. The present anticipatory bail application has been filed by the applicants their arrest in FIR No. 287/2005, U/S:409/420/467/468/471/120B/201 IPC and section 13(1)(d) R/w 13(2) PC Act, 1988, PS: Kotwali Nagar District Banda. Heard learned counsel for the applicant and learned A.G.A. for the State. Learned counsel for the applicant submits that the FIR was lodged in 2005, but the charge sheet was filed after a lapse of 18 years, first on 21.12.2023 and subsequently on 14.08.2024 against different individuals. The charge sheet against the applicant was filed on 14.08.2025. It is further submitted that the applicant has fully cooperated during the investigation, and his arrest was stayed by the Division Bench of this Court at Allahabad vide order dated 11.01.2025, which is on record as Annexure No. 5 to the bail application. The applicant has no prior criminal antecedents, and it is contended that no useful purpose will be served by sending him behind the bars. He also undertakes to cooperate in the trial proceedings. Learned A.G.A. has opposed the anticipatory bail application. On due consideration to the fact that the applicant was neither arrested during the 18 years of investigation nor was there any perceived need by the Investigating Officer to do so, and the charge sheet was filed on 14.08.2025 against the applicant, this Court is of the view that the applicant deserves to be granted anticipatory bail, in light of the judgment of the Hon’ble Supreme Court in Musheer Alam v. State of U.P., 2025 SCC OnLine SC 116, subject to his cooperation in the trial. In view of the above, the accused-applicant is directed to surrender before the trial court within a period of twenty days from today. Upon his surrender, the trial court shall release him on anticipatory bail, subject to his furnishing a personal bond and two sureties each of the same amount, to the satisfaction of the trial court, with the following conditions:- (i) The applicant shall refrain from directly or indirectly inducing, threatening, or promising any person familiar with the facts of the case in a manner that may dissuade them from revealing such facts before the Court or result in tampering with the evidence; (ii) The applicant shall not travel outside India without prior permission from the Court; (iii) The applicant shall not attempt to influence or intimidate any prosecution witness; (iv) The applicant shall remain present before the trial court on all scheduled dates unless specifically exempted from personal appearance; (v) In the event of any violation of the aforementioned conditions, the trial court shall be at liberty to cancel the bail granted to the applicant; Any other reasonable restrictions/conditions which the trial court may deem fit and proper can be imposed. It is made clear that the observations made in granting bail to the applicant shall not in any way affect the trial Judge in forming his independent opinion based on the testimony of the witnesses. In view of the aforesaid, the application is allowed. Order Date :- 25.7.2025/R.C. Digitally signed by :- RAM CHANDER YADAV High Court of Judicature at Allahabad, Lucknow Bench