ASHUTOSH TRIPATHI v. STATE OF U.P. THRU. PRIN. SECY. HOME CIVIL SECTT. LKO.
BAIL/9360/2025 · 2025-10-06
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[ 2025 DAILYLAW 197317 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 197317 (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. - 9360 of 2025 Court No. - 29 HON'BLE MANOJ BAJAJ, J. Applicant- Ashotosh Tripathi has filed this application under Section 483 B.N.S.S. for grant of regular bail, during the pendency of trial in Case Crime No. 33 of 2022, under Sections 409, 420 I.P.C., Police Station- Gomti Nagar, District- Lucknow. The applicant is in custody in this case since his arrest on 14.4.2023.
Learned counsel for the applicant submits that according to the allegations in the F.I.R., co-accused Zainuddin Ansari had induced the complainant- Pramila Gupta for purchase of land through his company namely, M/s Massiar Infratech Pvt. Ltd., with an assurance that double the amount of the sale consideration would also be returned to the purchaser after a period of 36 months from the date of execution of the sale deed. Learned counsel submits that the inducement, if any, was on the part of co-accused Zainuddin Ansari, who has been extended the concession of regular bail pending trial, and further while referring to Annexure No.7 it is pointed out that the alleged inducement is of the year 2018, whereupon the complainant had deposited a sum of Rs.2 lacs with the company, but on the said relevant date, the applicant was not even a director of the company, as he was inducted on
27.6.2019. . He prays for regular bail. Learned A.G.A. while opposing the prayer has argued that the applicant was involved with his co-accused in the commission of alleged crime and apart from the case registered at the instance of complainant-Pramila Gupta, various other cases stand registered against the applicant on the basis of the 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. Home Civil Sectt. Lko. .....Opposite Party(s)
complaints by other similar victims. However, during the course of hearing, it is fairly stated that the co-accused Zainuddin Ansari has been released on regular bail and the trial is yet to commence. After hearing the learned counsel for the parties and considering their
submissions, this Court finds that the applicant is confined in custody since his arrest on 14.4.2023 and despite filing of charge sheet even charges against the accused have not been farmed so far, therefore, it is evident that the trial is yet to commence. The entire case of the prosecution is based upon documentary evidence, therefore, considering the above background, particularly the custodial period undergone by the applicant as an undertrial, this Court deems it appropriate to extend the concession of regular bail to the applicant. Resultantly, without meaning any expression of opinion on the merits of the case, the bail application is allowed and it is ordered that the applicant- Ashutosh Tripathi be released on regular bail in the above case crime number subject to his furnishing the requisite bail bonds and surety bonds to the satisfaction of the trial court. (Manoj Bajaj,J.) October 6, 2025 P.S. Parihar BAIL No. 9360 of 2025 2
Digitally signed by :- POORAN SINGH PARIHAR High Court of Judicature at Allahabad, Lucknow Bench