Court No. - 61
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 49332 of 2018 Applicant :- Rakesh Mani Tripathi And Another Opposite Party :- State Of U.P. Counsel for Applicant :- Sanjay Shukla Counsel for Opposite Party :- G.A.
Hon'ble Rajiv Gupta,J.
Heard learned counsel for applicants, learned A.G.A. for the State and perused the record.
This bail application has been filed by the applicants seeking bail in Case Crime No. 619 of 2016, under Sections 147, 148, 149, 323, 504, 506, 332, 353, 307, 342, 427, 436, 336, 325 of I.P.C. and Section 7 of Criminal Law Amendment Act and Section 3 of Prevention of Damage to Public Property Act 1984, Police Station-Shahpur, District-Gorakhpur.
Learned counsel for the applicants has submitted that F.I.R. against 13 nominated prisoners including accused applicant no. 1 and 125 unknown prisoners of Gorakhpur jail was lodged. Applicant no. 2 is not named in the first information report. The present incident is said to have taken place while the applicants were confined in jail in Case Crime No. 187 of 2008, under Section 302 I.P.C., Police Station-Pipiganj, District-Gorakhpur. It is further submitted that due to death of one prisoner the present incident had occured in jail and general allegations have been made against them.
Learned counsel for the applicants next submitted that similarly placed large number of co-accused have already been granted bail including one Anand Tiwari who has been granted bail in Criminal Misc. Bail Application No. 12789 of 2017, vide order dated 18.04.2017.
It is lastly submitted that the applicants are in jail since 05.11.2016 and in case the applicants are released on bail they will not misuse the liberty of bail and will cooperate in the trial. The other criminal history of the applicant has been explained in paragraph 18 of the affidavit.
Learned A.G.A. has vehemently opposed the prayer for bail but could not dispute the facts that already a large number of co- accused have already been granted bail in the present case and the case of the applicants also stands on the same footing as that of the co-accused.
Keeping in view the nature of the offence, evidence, complicity of the accused, severity of punishment, submissions of the learned counsel for the parties and without expressing any opinion on merits of the case, I am of the view that the applicant has made out a case for bail.
Let the applicants Rakesh Mani Tripathi and Sanjay Mani Tripathi be released on bail in the aforesaid case crime number on his furnishing a personal bond and two heavy sureties of the like amount to the satisfaction of the court concerned subject to the following conditions :-
(i) The applicant shall not indulge in any criminal activity.
(ii) The applicant shall not tamper with the prosecution evidence.
(iii) The applicant shall not pressurize the prosecution witnesses.
(iv) The applicant shall regularly appear on the dates fixed by the trial court unless his personal attendance is exempted by the trial court.
In case of default of any of the conditions enumerated above, it will be open to the opposite parties to approach the Court for cancellation of bail.
Order Date :- 21.12.2018 sweta