Court No. - 15
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2788 of 2019 Applicant :- Mohan Tripathi Opposite Party :- State Of U.P.
Counsel for Applicant :- Nitesh Kumar Srivastava Counsel for Opposite Party :- G.A.
Hon'ble Raj Beer Singh,J.
Heard learned counsel for the applicant, Sri J.K. Upadhyay, learned A.G.A. for the State and perused the record.
The present bail application has been filed by the applicant in case crime No. 724/2018 under Sections 188, 189, 343, 504, 506, 370 (1,3, 5), 419, 420, 467, 468, 471, 472, 409, 120-B IPC and Sections 42, 80, 75, 79 of Juvenile Justice Act, police station Kotwali Deoria, District Deoria with the prayer to enlarge the applicant on bail.
As per prosecution version, co-accused Giraja Tripathi along with her husband Mohan Tripathi (the applicant), daughter Kanchanlata Tripathi and other family members and relatives, was running an NGO in the name of "Maa Vindhyawasani Mahila Evam Prashikshan Samaj Seva Sansthan", a Shelter Home/Children Home. In that institution, minor girls were being kept illegally despite the fact that the recognition of this institution was lying deferred. The inmates of this institution were not transferred to proper institutions despite directions of concerned government authorities. The inmates minor girls were illegally being detained in the said institution and their rights were blatantly violated. One of the inmates Anjali Kumari, aged 13 years, escaped from that institution and told about the activities of this institution to Women Helpline. She has stated that the inmate girls in the said institution were not secured and they are physically exploited.
The contention as raised at the Bar by learned counsel for the applicant is that there is no evidence against the applicant; that the inmate girls of the institution have not made any incriminating statement against him; that during investigation, it was found that no offence under Section 7/8 of Protection of Children from Sexual Offences Act and under Section 354-A of IPC is made out; that the applicant has no concern at all with the alleged shelter home being run by his wife and he was not associated with it in any manner; that the applicant has been involved merely on the basis of suspicion and that no illegal activity was being carried out by the alleged 'NGO'; that the applicant has no criminal history and he is in judicial custody since 06.08.2018 and in case, applicant is enlarged on bail, the applicant will not misuse the liberty of bail.
Learned A.G.A. has opposed the prayer of bail and argued that the alleged shelter home was being run illegally and minor girls were being detained there illegally. The rights of inmate children were violated. It was further argued that during investigation it was found that the applicant was Secretary of the alleged institution and he was the main person who was actively participating in the affairs of that institution. It was also pointed out that an amount of Rs. 1,63,000/- was transferred into his account from the said institution illegally and thus, he was one of the beneficiary of the illegal activities of the alleged institution. It was further alleged that he was illegally deducting 30% salary of the employees working in the alleged institution while he used to obtain their signatures showing full salary. It was further alleged that the orders of adoption were obtained from the court by concealing facts and by producing forged documents.
Considering the submissions of learned counsel for the parties and also considering the fact that the accused-applicant was stated secretary and he was actively participating in the affairs of that institution and an amount of Rs. 1,63,000/- was transferred into his account as well as considering all the attending facts and circumstances of the case and also looking into the seriousness of the allegations as made in the FIR, gravity of the offence and severity of the punishment, no case for grant of bail is made out.
Accordingly, the application for bail is rejected.
Order Date :- 30.5.2019 Anand