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2025 DAILYLAW 156974 (ALL)

AVNISH KUMAR TRIPATHI v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. LKO.

/7519/2025 · 2025-08-13

Subhash Vidyarthi

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:47373 Court No. - 13 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7519 of 2025 Applicant :- Avnish Kumar Tripathi Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. Counsel for Applicant :- Manoj Kumar Mishra,Ajay Kumar Verma,Piyush Tripathi,Shubham Kumar Verma Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J. 1. Heard Sri Manoj Kumar Mishra, learned counsel for the applicant as well as Sri Satyendra Srivastava, the learned A.G.A. for the State and perused the records. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 694 of 2024, under Sections 420 & 409 IPC, Police Station Dewa, District Barabanki. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 13.10.2024 against 13 persons, including the applicant, stating that the informant had invested Rs. 95 lakh belonging to himself and his known persons in companies of Timecity Consortium of Corporate (Timecity Group) as the accused persons had allured him of lucrative return or transfer of land. However, no benefit was given to the investors. 4. In the affidavit filed in support of the bail application, it has been stated that the applicant is innocent and he has been falsely implicated in the present case. The applicant's involvement in 11 cases has been disclosed in paragraph 3 of the supplementary affidavit filed on his behalf, all of which are of similar nature and in 8 cases the applicant has been enlarged on bail, in one case he has been granted anticipatory bail and in one case he is not named in the FIR. 5. Co-accused Ashok Singh and Santosh Kumar Singh have been granted bail by means of orders dated 21.02.2025 & 16.07.2025 passed by this Court in Criminal Misc. Bail Applications No. 976 of 2025 and 6357 of 2025 respectively and co-accused Pankaj Kumar Pathak and Sushil Kumar Mishra have been granted anticipatory bail by means of orders dated 12.05.2025 & 22.05.2025 passed by this Court in Criminal Misc. Anticipatory Bail Applications No. 427 of 2025 and 558 of 2025 respectively. 6. Keeping in view the aforesaid facts, I am of the view that the applicant is entitled to be released on bail in the present case on the ground of parity. 7. Accordingly, this bail application stands allowed. 8. Let the applicant-Avnish Kumar Tripathi be released on bail in the aforesaid case on furnishing a personal bond and two sureties each in the like amount to the satisfaction of Magistrate/Court concerned, subject to the following conditions: - (i) the applicant shall not tamper with the prosecution evidence; (ii) the applicant shall not pressurize the prosecution witnesses; (iii) the applicant shall appear on each and every date fixed by the trial court. Order Date :- 13.8.2025 Pradeep/- Digitally signed by :- PRADEEP SINGH High Court of Judicature at Allahabad, Lucknow Bench