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2025 DAILYLAW 3579 (ALL)

UMESH MANI TRIPATHI v. STATE OF U.P.

ABAIL/216/2021 · 2025-10-07

Sameer Jain

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 216 of 2021 Court No. - 73 HON'BLE SAMEER JAIN, J. 1. Sri R.N. Srivastava, learned AGA for the State apprised the Court that he has received the instructions, therefore, instant anticipatory bail application may be finally disposed off. 2. Heard Sri Anand Pratap Singh, learned Advocate holding brief of Sri P.C. Srivastava, learned counsel for the applicant and Sri R.N. Srivastava, learned AGA for the State. 3. The present anticipatory bail application has been filed on behalf of the applicant in F.I.R./Case Crime No. 14 of 2020, under Sections 420, 467, 468, 471, 120B IPC and Section 7 P.C. Act, Police Station Chauri Chaura, District Gorakhpur with a prayer to enlarge him on anticipatory bail during trial. 4. Learned counsel for applicant submits, applicant was posted as Marketing Inspector and as per allegation he misappropriated the public fund but entire allegation leveled against the applicant is totally false. 5. He further submits, when applicant filed instant anticipatory bail application then co-ordinate Bench of this Court vide order dated 20.01.2021 was pleased to enlarge him on interim anticipatory bail and till date applicant is on interim anticipatory bail. 6. He further submits, FIR of the present case was lodged in the year 2020 but till date charge-sheet has not been submitted and investigation of the Versus Counsel for Applicant(s) : Manish Kumar Nigam, Munna Tiwari, Prakash Chandra Srivastava Counsel for Opposite Party(s) : G.A. Umesh Mani Tripathi .....Applicant(s) State of U.P. .....Opposite Party(s) case is still pending. He further submits, applicant is not having any criminal history. 7. He further submits, therefore, considering the above facts, the interim anticipatory bail granted to the applicant may be confirmed. 8. Per contra, learned AGA opposed the prayer for anticipatory bail but could not dispute the argument on facts advanced by learned counsel for the applicant. 9. I have heard learned counsel for the parties and perused the record of the case. 10. However, as per allegation applicant was Marketing Inspector and he misappropriated the public fund but it reflects, when he filed instant anticipatory bail application in the year 2021 then on 20.01.2021 the co- ordinate Bench of this Court was pleased to enlarge him on interim anticipatory bail and till date applicant is on interim anticipatory bail pursuant to the order dated 20.01.2021 passed by this Court. 11. Further, record also suggests that FIR of the present case was lodged in the year 2020 but surprisingly till date investigation could not be completed. 12. Further, applicant is not having any criminal history. 13. Therefore, considering the facts and circumstances of the case, the interim anticipatory bail granted to the applicant vide order dated 20.01.2021 is hereby confirmed. The applicant- Umesh Mani Tripathi shall remain on anticipatory bail till conclusion of trial on the same condition as imposed by this Court vide order dated 20.01.2021. 14. Accordingly, without expressing any opinion on the merits of the case, the instant anticipatory bail application is allowed. 15. It is made clear that observations made in granting anticipatory bail to the applicant shall not in any way affect the learned trial Judge in forming his independent opinion based on the testimony of the witnesses. October 8, 2025 AK Pandey ABAIL No. 216 of 2021 2 (Sameer Jain,J.) Digitally signed by :- ANUPAM KUMAR PANDEY High Court of Judicature at Allahabad