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2025 DAILYLAW 47646 (ALL)

ANURAG TRIPATHI v. STATE OF U.P.

BAIL/13510/2025 · 2025-05-14

Ashutosh Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:80074 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 13510 of 2025 Applicant :- Anurag Tripathi Opposite Party :- State of U.P. Counsel for Applicant :- Sanjay Kumar Pandey Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J. Heard Sri Sanjay Kumar Pandey, learned counsel for the applicant, Sri Rajesh Kumar Singh, learned AGA for the State-Respondent and perused the record. The present bail application has been moved on behalf of accused- applicant seeking enlargement on bail in Case Crime No. 08 of 2025, under Sections 137(2), 70(2), 61(2) B.N.S., 5/6 POCSO Act and 3, 4, 5, 6, 7, 9 of Prevention of Immoral Trafficking Act, Police Station Ramgarhtal, District Gorakhpur,during the pendency of trial. Learned counsel for the applicant argued that the accused- applicant is innocent and he has been falsely implicated in this case crime number. Learned counsel for the applicant submits that the applicant is not named in the FIR and his name surfaced during the course of investigation. Learned counsel for the applicant further submits that similarly placed co-accused persons Rajan @ Wasim Ahmad, Anurag Singh, Shreya Shukla, Vimal Vishwakarma, Muskan @ Mala and Suraj Vishwakarma have already been enlarged on bail by this Court vide orders dated 09.04.2025, 09.04.2025, 03.04.2025, 03.04.2025, 18.03.2025 and 18.03.2025 passed in Criminal Misc. Bail Application Nos. 11636 of 2025, 9904 of 2025, 8971 of 2025, 9867 of 2025, 7885 of 205 and 8227 of 2025 respectively. He further submitted that since the role of the applicant is identical to that of co-accused, who have already been enlarged on bail, he is also entitled to be enlarged on bail on the ground of parity. The applicant is languishing in jail since 30.03.2025. The applicant has no criminal antecedent and there is no likelihood of his fleeing from course of justice or tampering with evidence in case of release on bail. Hence, the bail has been prayed for. Learned AGA has vehemently opposed the prayer of bail, but could not dispute the above submissions raised by learned counsel for the applicant. Considering all those facts and circumstances, the nature of accusations, severity of the punishment in the case of conviction and nature of supporting evidence, reasonable apprehension of tampering with the witness and prima-facie case, but without commenting on merit of case, a case for bail is made out. Accordingly, the bail application is allowed. Let the accused-applicant, Anurag Tripathi, involved in above mentioned case crime number be released on bail, on his executing a personal bond and two reliable sureties each, in the like amount to the satisfaction of the court concerned, subject to the following conditions: 1. The applicant will not tamper with the evidence. 2. The applicant will not indulge in any criminal activity. 3. The applicant will not pressurize/intimidate the prosecution witnesses and co-operate in the trial. 4. The applicant will appear regularly on each and every date fixed by the trial court, unless his personal appearance is exempted through counsel by the court concerned. In the event of breach of any of the aforesaid conditions, the court below will be at liberty to proceed to cancel his bail. Order Date :- 15.5.2025 pks Digitally signed by :- PAWAN KUMAR SINGH High Court of Judicature at Allahabad