Court No. - 78
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 17678 of 2018 Applicant :- Kapil Tripathi Opposite Party :- State Of U.P.
Counsel for Applicant :- B.N.Singh, Manish Kumar Singh Counsel for Opposite Party :- G.A.
Hon'ble Mrs. Manju Rani Chauhan,J.
Heard Sri B.N.Singh, learned counsel for the applicant, Sri Mohd. Shoaib Khan, learned A.G.A. for the State and perused the material on record.
The instant bail application has been filed on behalf of the applicant, Kapil Tripathi with a prayer to release him on bail in Case Crime No. 1118 of 2016, under Sections 323, 504, 307, 304 I.P.C., Police Station- Kalyanpur, District- Kanpur Nagar, during pendency of trial.
It is argued by the learned counsel for the applicant that as per the allegations made in the F.I.R., on 05.10.2016, at about 04:30 p.m., due to sudden quarrel, the applicant fired on Lucky, who is the brother of the informant, but, for saving him, mother of the applicant came in front of him, due to which, the said fire hit his mother because of the same she has sustained injuries in her abdomen. Rishi Tripathi, the co-accused has also lodged the F.I.R. for the same incident against three persons regarding murder of his mother. Learned counsel for the applicant states that the witnesses have been examined and they have turned hostile. He has further been submitted that due to dispute between the two parties it is by-chance that mother of the applicant who came to intervene in the fight between Lucky and the applicant has sustained injuries and subsequently died. The applicant is languishing in jail since 05.02.2017. The criminal history of applicant has been explained in paragraph no.20 of the affidavit in support of bail application. In case, he is released on bail, he will not misuse the liberty of bail and will cooperate in the trial by all means. Lastly, it is submitted that there is no chance of applicant fleeing away from judicial process or tampering with the witnesses.
Per contra learned A.G.A. has opposed the bail prayer of the applicant by contending that the innocence of the applicant cannot be adjudged at pre trial stage, therefore, he does not deserve any indulgence. In case the applicant is released on bail he will again indulge in similar activities and will misuse the liberty of bail.
Having considered the submissions of the parties and the dictum of Apex Court in the case of Dataram Singh Vs. State of U.P. and another, reported in (2018) 3 SCC 22 and without expressing any opinion on the merits of the case, let the applicant involved in the aforesaid crime 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 that :-
1. The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.
2. The applicant shall cooperate in the trial sincerely without seeking any adjournment.
3. The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.
In case, of breach of any of the above conditions, it shall be a ground for cancellation of bail.
Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.
The trial Court is directed to expedite the trial of the present case and conclude the same as expeditiously as possible from the date of receipt of certified copy of this order, keeping in view the law laid down by the Apex Court in the case of Alakh Alok Srivastava Vs. Union of India and another reported in AIR 2018 (SC) 2440, if there is no legal impediment.
Office is directed to transmit a certified copy of this order to the court concerned within a fortnight.
Order Date :- 25.7.2019 Priya