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2025 DAILYLAW 166175 (ALL)

NRIPENDRA TRIPATHI v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO.

BAIL/11154/2024 · 2025-05-07

Subhash Vidyarthi

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:26889 Court No. - 15 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 11154 of 2024 Applicant :- Nripendra Tripathi Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. Counsel for Applicant :- Arun Sinha,Pranshu Agrawal,Ram Chandra Singh Counsel for Opposite Party :- G.A.,Ashutosh Bajpai,Priyam Kumar Singh Hon'ble Subhash Vidyarthi,J. 1. Heard Sri Arun Sinha, learned counsel for the applicant, Sri Alok Kumar Tiwari, learned Additional Government Advocate for the State, as well as Shri Ashutosh Bajpai, learned counsel for the informant and perused the records. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No.0486 of 2024, under Sections 61(2)Ka, 103(1) and 3(5) B.N.S., registered at Police Station Kotwali Shahar, District Hardoi. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 31.07.2024 against three unnamed persons, stating two unknown persons came to the house of the informant's elder brother at about 7.30 p.m. on 30.07.2024 and asked his clerk to call the advocate. Since the informant's elders brother went to his chamber, one of the persons shot at him and both of them wen out and ran away on a motorcycle with a third person, who was standing outside. 4. During investigation, it came to light that six persons has purchased a house which was in possession of the deceased as a tenant. They were making efforts for getting the premises vacated and civil litigation in this regard is pending. 5. It was concluded that the owner of the house had got the tenant eliminated in an attempt to get the possession of the house. 6. 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 and he has no criminal history. 7. In the counter affidavit, it has been stated that the applicant was one of the co-purchasers of the property which was in possession of the deceased as a tenant and he had the motive for commission of the offence. It is alleged that the applicant had conspired for elimination of the tenant of the property in an attempt to get its possession. However, besides a suspicion of the applicant's involvement in hatching a conspiracy for elimination of the deceased, no other material has been brought on record. 8. A supplementary affidavit has been filed on behalf of the applicant annexing therewith statements of five prosecution witnesses recorded by the trial Court. Besides stating facts, which may indicate motive of the applicant for commission of the offence, no other fact has come to light in any of the statements regarding involvement of the applicant in commission of the offence. 9. That co-accused Virendra Singh Yadav @ Veerey Yadav has been enlarged on bail vide order of date passed in Criminal Misc. Bail Application No. 505 of 2025. 10. Having considered the aforesaid facts and circumstances of the case and without making any observation which may affect the outcome of the trial, I am of the view that the aforesaid facts are sufficient for making out a case for enlargement of the applicant on bail. 11. Accordingly, this bail application stands allowed. 12. Let the applicant- Nripendra 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 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, unless his appearance is exempted by the learned trial court. [Subhash Vidyarthi, J.] Order Date :- 7.5.2025 MVS/- Digitally signed by :- MANOJ VIKRAM SINGH CHAUHAN High Court of Judicature at Allahabad, Lucknow Bench