The Allahabad High Court has granted bail to Vivek Tripathi of Chakeri Kanpur Nagar, accused of murderous attack.
A Single Bench of Justice Sanjay Kumar Pachori passed this order while hearing a Criminal Appeal filed by Vivek Tripathi.
The criminal appeal has been preferred to set-aside the order dated 16.5.2023 and 17.5.2023 passed by the Additional Sessions Judge, Kanpur Nagar, by which the trial court convicted the appellant under Sections 307, IPC and sentenced him under Section 307, IPC, eight years simple imprisonment with fine of Rs 10,000/- and in default of payment of fine, six months additional simple imprisonment.
Counsel for the appellant submitted that the impugned order has been passed without appreciating the evidence on record in right perspective and against the weight of evidence.
It is further submitted that on the basis of the same evidence, other co-accused Sumit Awasthi, Anand Tripathi and Ajay Srivastava have been acquitted by the trial court under Sections 147, 148, 149, 307 and 120-B, IPC. Appellant is also acquitted under Sections 147, 148, 149 and 120-B, IPC.
It is also submitted that the appellant is languishing in jail since 19.7.2016 and has completed an actual undergone period of more than 7 years and 2 months against the sentence of 8 years, which is more than half sentence.
Counsel for the appellant has relied upon the decision rendered by the Supreme Court in Satender Kumar Antil Vs Central Bureau of Investigation & Another, (2021) 10 SCC 773.
Counsel for the appellant submitted that the appellant has a criminal history of 32 cases mostly related to cheating, which were registered after this incident. The appellant has no previous criminal history. The appellant has been languishing in jail since 19.7.2016 and has completed an actual undergone period of more than 7 years and 2 months against the sentence of 8 years, which is more than half sentence.
“In view of the above facts and circumstances, without considering the merits of the case and on account of huge pendency of cases before the Court, there is no likelihood of final hearing of this appeal in near future, the appellant is granted bail.
The Court ordered that,
Let the appellant- Vivek Tripathi be released on bail in Session Trial, arising out of Case under Section 307, IPC, Police Station- Chakeri, District- Kanpur Nagar, after executing a personal bond and two sureties in the like amount to the satisfaction of the court concerned.
Till the next date of listing, effect and operation of the judgment and order dated 16.5.2023 and 17.5.2023 with realization of fine shall remain stayed.