ASHUTOSH TRIPATHI v. STATE OF U.P. THRU. PRIN. SECY. OF HOME LKO.
BAIL/8290/2025 · 2025-09-02
Subhash Vidyarthi
body2025
DailyLaw.ai
[ 2025 DAILYLAW 161757 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 161757 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 8290 of 2025 Court No. - 13 HON'BLE SUBHASH VIDYARTHI, J.
1. Heard Sri Ujjwal Pandey, the learned counsel for the applicant, Sri S.P. Singh, learned State Counsel and perused the record. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 0080 of 2022, under Sections 409/420 I.P.C., registered at Police Station Gomti Nagar, District Lucknow. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 19.01.2022 against six persons, including the applicant, alleging that the informant had invested some amount in Massire Infratech Pvt. Ltd. for purchasing some property but neither any payment was made nor was the money refunded. 4. In the affidavit filed in support of 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 32 other cases has been disclosed all of which are of similar nature. Co-accused Ratan Chandra Dwivedi, who has been described in the F.I.R. as the Chairman and Managing Director of the company has already been enlarged on bail by this court by means of an order dated 09.01.2023, passed in Criminal Misc. Bail Application No.287 of 2023. Learned counsel for the applicant has stated that the applicant has been granted bail in six cases of similar nature. Versus Counsel for Applicant(s) : Ujjwal Pandey Counsel for Opposite Party(s) : G.A. Ashutosh Tripathi .....Applicant(s) State Of U.P. Thru. Prin. Secy. Of Home Lko. .....Opposite Party(s)
5. The learned A.G.A. has opposed the prayer for bail but he could not dispute the aforesaid aspects of the matter. 6. Having considered the aforesaid facts and circumstances of the case and keeping in view the fact the applicant is languishing in jail since 14.04.2023 and even charges have not been framed till date, co-accused Jainuddin Ansari has been granted bail by means of an order dated 31.07.2025 passed by this Court in Criminal Misc, Bail Application No. 14405 of 2022 and without making any observation, which may affect the merits of the case, I am of the view that the aforesaid facts are sufficient for making out a case for enlargement of the applicant on bail in the aforesaid crime. 7. Accordingly, this bail application stands allowed. 8.
Let the applicant-Ashutosh Tripathi be released on bail in Case Crime No. 0080 of 2022, under Sections 409/420 I.P.C., registered at Police Station Gomti Nagar, District Lucknow on furnishing a personal bond and two sureties each in the like amount to the satisfaction of magistrate/court concerned, subject to 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. 9. In case of breach of any of the above conditions, the prosecution shall be at liberty to move bail cancellation application before this Court. September 2, 2025 Pradeep/- BAIL No. 8290 of 2025 2 (Subhash Vidyarthi,J.) Digitally signed by :- PRADEEP SINGH High Court of Judicature at Allahabad, Lucknow Bench