SATYADHAMA TRIPATHI @ DHAMA v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO.
BAIL/10287/2025 · 2025-11-10
Karunesh Singh Pawar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 179169 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 179169 (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. - 10287 of 2025 Court No. - 15 HON'BLE KARUNESH SINGH PAWAR, J. Heard learned counsel for the applicant, learned AGA for the State and perused the record. In the prosecution case, it is alleged that co-accused Lavkush has committed rape upon the daughter of the complainant, three months back. To save the prestige of the family, the complainant had not lodged the F.I.R earlier. Submission of learned counsel for the applicant is that the victim was operated upon in the hospital managed by co-accused Awadhesh Pathak, who has already been granted bail by this Court vide order dated 14.10.2025 passed in Criminal Misc. Bail Application No. 9740 of 2025. It is further submitted that the only allegation against the present applicant is that he was working as a staff nurse in the said hospital. Hence, the case of the applicant stands on a better footing than that of the co-accused Awadhesh Pathak. Learned counsel, therefore, seeks parity with the said co-accused. It is further submitted that there is no possibility of the applicant of fleeing away after being released from jail or tampering with the witnesses. In case the applicant is enlarged on bail, he shall not misuse the liberty of bail. Learned A.G.A. opposed the prayer for bail but could not dispute the Versus Counsel for Applicant(s) : Suyash Tripathi Counsel for Opposite Party(s) : G.A. Satyadhama Tripathi @ Dhama .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko. .....Opposite Party(s)
aforesaid facts as argued by the learned counsel for the applicant. Upon due consideration of the role attributed to the applicant, the bail
order passed in favour of co-accused Awadhesh Pathak, the statement of the victim recorded under Section 183 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), and taking into account the fact that the applicant has been in custody since 21.08.2025 and has no criminal antecedent, this Court finds it to be a fit case for enlarging the applicant on bail on the ground of parity. Accordingly, the bail application is allowed on the ground of parity. Let the applicant Satyadhama Tripathi @ Dhama involved in Case Crime/FIR No. 93 of 2025, Under Section- 92 B.N.S., Police Station- Gaura Chauraha, District- Balrampur, be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions which are being imposed in the interest of justice:- (i) The applicant will not tamper with the evidence during the trial. (ii) The applicant will not pressurize/ intimidate the prosecution witness. (iii) 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. (iv) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law. (v) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him in accordance with law. (vi) In case, the applicant misuses the liberty of bail during trial and in
order to secure his presence proclamation under Section 82 Cr.P.C. (now Section 84 BNSS) is issued and the applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law under Section 174-A IPC (now Section 209 of BNS).
BAIL No. 10287 of 2025 2
It is clarified that the observations made in this order are confined to the present bail application and shall have no bearing on the merits of the trial. November 10, 2025 R.C.
BAIL No. 10287 of 2025 3 (Karunesh Singh Pawar,J.) Digitally signed by :- RAM CHANDER YADAV High Court of Judicature at Allahabad, Lucknow Bench