ANIL KUMAR TRIPATHI ALIAS BAUA PANDIT v. STATE OF U.P.
BAIL/26950/2025 · 2025-08-05
Gautam Chowdhary
body2025
DailyLaw.ai
[ 2025 DAILYLAW 80636 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 80636 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:133613 Court No. - 70 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 26950 of 2025 Applicant :- Anil Kumar Tripathi Alias Baua Pandit Opposite Party :- State of U.P. Counsel for Applicant :- Birendra Kumar Mishra,Byas Kumar Prasad Counsel for Opposite Party :- G.A. Hon'ble Dr. Gautam Chowdhary,J.
1. Shri Mahipal Singh and Shri Prashant Kumar Singh, have fileda joint vakalatnama on behalf of informant, which is taken on record. 2. Heard learned counsel for the applicant, learned A.G.A. for the State as well as learned counsel for the informant and perused the material brought on record. 3. Learned counsel for the applicant submits that applicant is the sole accused who is named in the F.I.R. The allegation made in the F.I.R. is that the applicant was regularly demanding a ransom of three lakh rupees from the informant, on 24.05.2025 at about 4:00 p.m. the applicant again demanded ransom of three lakh rupees by threatening to life on account of which under the fear the informant gave him Rs. 21,500/-. Further, F.I.R. alleges that on 26.03.2025 at about 6:00 p.m. when the informant was going on the road then the applicant attempted to hit him and when informant ran away to save his life the applicant while abusing demanded for remaining ransom. Learned counsel further submits that absolutely false and frivolous allegation has been made in the F.I.R. There is no medical examination report of the informant on the record. Learned counsel further submits that applicant and the informant are pattidar, there are various litigation going on between both sides, on account of which applicant has been falsely implicated in the present case. It has further been submitted that in the F.I.R. the informant alleges the date of incident of hitting his motorcycle to the informant by the applicant as of 26.03.2025, whereas in his statement before the police he alleges the date of such incident to be of 26.05.2025.
Learned counsel further submits that regarding the time of alleged incident in the F.I.R. as well as in the statement recorded before the police the informant himself
alleges as to that was happened at 6:00 p.m., but one eye witness in his statement has specifically stated that such incident was happened at 4:00 p.m. Thus, it has been argued that there are material contradictions in the version of prosecution and the present prosecution has been launched lodged with ulterior motive and due consultation and deliberation. Learned counsel has further argued that apart above material contradiction the F.I.R. itself is a delayed one without there being any plausible explanation of delay. Several other submissions in order to demonstrate the falsity of the allegations made against the applicant have also been placed before the Court. The circumstances which, according to the counsel, led to the false implication of the accused have also been mentioned. It has also been assured on behalf of the applicant that he is ready to cooperate with the process of law and shall faithfully make himself available before the court whenever required and is also ready to accept all the conditions which the Court may deem fit to impose upon him. He next submits that there are five cases into the credit of applicant, in which he is on bail. The applicant is in jail since 27.05.2025. 4. Per contra, learned A.G.A. as well learned counsel for the informant have vehemently opposed the prayer for bail by contending that there is active participation of applicant in commission of offence for demanding ransom and giving threats to the informant, therefore, his innocence cannot be adjudged at pre trial stage, thus, he does not deserve any indulgence and this bail application deserves to be dismissed. 5.
Considering the overall facts and circumstances, the nature of allegations, the gravity of offence and without expressing any opinion on merits, this Court finds it to be a fit case for bail. Accordingly, the bail application stands allowed. 6. Let the applicant-Anil Kumar Tripathi Alias Baua Pandit, be enlarged on bail in Case Crime No. 211 of 2025, under Sections 308(5), 351(3), 352, 125 of B.N.S., Police Station- Naubasta, District- Kanpur Nagar, on executing a personal bond and furnishing two local sureties each in the like amount to the satisfaction of the court concerned with the following conditions: i) The applicant shall not tamper with the prosecution evidence. ii) The applicant shall not threaten or harass the prosecution witnesses. iii) The applicant shall appear on the date fixed by the trial court. iv) The applicant shall not commit any offence similar to the offence of which the applicant is accused, or suspected of the commission. v) 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 such person from disclosing
facts to the Court or to any police officer or tamper with the evidence.
7. In case of default of any of the conditions enumerated above, the court concerned shall be at liberty to cancel the bail of applicant in accordance with law.
Order Date :- 6.8.2025 Mustaqeem. Digitally signed by :- MOHD MUSTAQEEM KHAN High Court of Judicature at Allahabad