SHRAWAN KUMAR @ SHRAWAN TRIPATHI v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. LKO.
BAIL/8382/2025 · 2025-09-10
Subhash Vidyarthi
body2025
DailyLaw.ai
[ 2025 DAILYLAW 162332 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 162332 (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. - 8382 of 2025 Court No. - 13 HON'BLE SUBHASH VIDYARTHI, J.
1. Heard Shri Gaurav Shukla, learned counsel appearing on behalf of the applicant as well as Shri Shikhar Sinha, learned A.G.A.-I appearing on behalf of the State. 2. The instant application has been filed by the applicant seeking anticipatory bail in F.I.R./Case Crime No.0088 of 2024, under Sections 419, 420, 467, 468, 471, 406, 504, 506 I.P.C., registered at Police Station- Ramganj, District- Amethi. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 16.08.2024 against ten named persons, including the applicant, in furtherance of the application under Section 156(3) Cr.P.C., stating that the accused persons have deceived numerous persons known to the complainant in the name of getting them employed in the Centre for Pollution Control. The F.I.R. states that Rs.48,93,000/- were transferred to the bank accounts of Dev Traders, Rohit Kumar and Indra Kumar Tiwari, Rs.22,00,000/- were taken from the complainant and his acquaintances in cash and that Rahul Mishra and Nisha Mishra (the applicant) took Rs.28,90,000/- by account transfer and they took Rs.125000/- in cash. The accused persons declined to refund the money upon being asked. 4. In the affidavit filed in support of the anticipatory bail application, it has been stated that the applicant is innocent and he has been falsely been implicated in the present case. 5. A supplementary affidavit has been filed on behalf of the applicant Versus Counsel for Applicant(s) : Suyash Shukla, Gaurav Shukla Counsel for Opposite Party(s) : G.A. Shrawan Kumar @ Shrawan Tripathi .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. .....Opposite Party(s)
disclosing his involvement in four other cases, in three of which the applicant has not received any summons and in one case the applicant is under process to file an application for his release on bail. 6. Two co-accused persons Vikas Tiwari @ Vikas Tiwari and Santosh Pandey @ Sanjay Mishra @ Manoj @ Rajiv Bhatia have been granted bail by this Court and another co-accused Nisha Mishra has been granted anticipatory bail by this Court. Copies of bail orders of all the three co- accused have been annexed to the supplementary affidavit. 7.
The learned A.G.A.-I has vehemently opposed the prayer for bail and he has submitted that the applicant and other accused persons were involved in duping numerous people and the investigation in the matter is still going on. 8. Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that although the F.I.R. alleges that the accused persons have duped numerous persons, the victims have not come forward to make allegations; that the informant has not disclosed the amount paid by him; that there is no allegation that any amount has been paid to the applicant and that the two of the co-accused have been granted bail and another co-accused has been granted anticipatory bail, I am of the view that the aforesaid facts are sufficient for making out a case for granting anticipatory bail to the applicant. 9. In view of the above, the anticipatory bail application of the applicant is allowed. In the event of arrest/ appearance of applicant before the learned Trial Court in the aforesaid case crime, he shall be released on anticipatory bail on furnishing personal bond and two solvent sureties, each in the like amount, to the satisfaction of S.H.O./Court concerned on the following conditions and subject to any other conditions that may be fixed by the Trial Court : (i) that the applicant shall make himself/herself available for interrogation by a police officer as and when required; (ii) that 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; (iii) that the applicant shall not leave India without the previous permission BAIL No. 8382 of 2025 2
of the court. (iv) that the applicant shall appear before the trial court on each date fixed, unless personal presence is exempted; and (v) that the applicant shall not pressurize/ intimidate the prosecution witness.
September 10, 2025 S. Shivhare BAIL No. 8382 of 2025 3 (Subhash Vidyarthi,J.) Digitally signed by :- SHASHANK SHIVHARE High Court of Judicature at Allahabad, Lucknow Bench