SHASHANK TRIPATHIversusSTATE OF U.P.

           HIGH COURT OF JUDICATURE AT ALLAHABAD
           CRIMINAL MISC. BAIL APPLICATION No. - 32878 of 2026

Shashank Tripathi
                                                                           .....Applicant(s)
                                            Versus

State of U.P.
                                                                                .....Opposite
                                                                                      Party(s)

Counsel for Applicant(s)      : Kaustubh Tewari, Sr. Advocate, Umesh
                                Chandra Shukla
Counsel for Opposite Party(s) : G.A.

Court No. - 55
                     HON'BLE VIKRAM D. CHAUHAN, J.

1. Learned A.G.A. for the State submits that instructions have been received and has
no objection in case the bail application is heard on merits.


2. Heard Sri Amit Daga, learned Senior Advocate assisted by Sri Kaustubh Tiwari,
learned counsel for the applicant, learned A.G.A. for the State and perused the record.


3. It is submitted by learned Senior Advocate appearing for the applicant that
applicant is police constable and it is alleged that one co-accused Omkar was the
Investigating Officer in the case and a bribe was demanded to the tune of Rs.70,000/-,
out of which Rs.60,000/- was paid to co-accused Omkar, however, for remaining
amount of Rs.10,000/-, it is alleged that trap team apprehended the applicant with
Rs.10,000/-. As per prosecution, the amount was taken from one room on the
instructions of co-accused Omkar. It is submitted that charge sheet has been submitted
and the maximum punishment provided is seven years. The applicant has no previous
criminal history. Applicant is languishing in jail since 8.7.2026 and in case he is
released on bail, he will not misuse the liberty of bail and will cooperate in the trial.


4. Learned A.G.A. for the State opposed the prayer for bail but does not dispute
factual matrix of the case.


5. Learned AGA for the State has not brought any fact or circumstances to indicate
criminal history or antecedents of the applicant which would disentitle the applicant
for Bail.


6. It is not the case of the State that there is a possibility of interdicting fair trial by the
accused-applicant if released on bail. No material has been shown that the Applicant is
of such character that his mere presence at large would intimidate the witnesses or
there is any material to show that applicant will use his liberty to subvert justice or
tamper with the evidence.


7. The object of the bail is to secure the attendance of the accused, the detention of the
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accused pending trial cannot be punitive in nature as there is presumption of
innocence in favour of the accused person. Learned A.G.A. has not brought any facts
and circumstances to demonstrate that the character of the accused-applicant (s) is
such that his mere presence at large would intimidate the witness.


8. Learned A.G.A. has not placed any reasonable apprehension of the witnesses being
tampered with, the larger interest of the public/State will be at peril in case the
Applicant is released on bail.


9. It is not the case of the State that the applicant has been convicted for any offence
on previous occasion.


10. No material has been placed by the opposite party that the Applicant in the past
has attempted to evade the process of law. Further, no material facts and
circumstances have been placed to show that it is not in public interest or interest of
society at large to release the applicant on bail.


11. No material has been shown to suggest that the applicant is at flight risk, has
chance of repeating the offence, or intimidating the witness if enlarged on bail.


12. Considering the facts and circumstances of the case, nature of offence, evidence,
complicity of the accused, submissions of learned counsel for the parties and without
expressing any opinion on the merits of the case, the Court is of the view that the
applicant has made out a case for bail. The bail application is allowed.


13. Let the applicant Shashank Tripathi (Constable) involved in Case Crime No.6 of
2026, under Section 12 of Prevention of Corruption Act, 1988 as amended in 2018,
Police Station Anti Corruption Jhansi, District A.C.O. U.P. be released on bail on
furnishing a personal bond and two sureties each in the like amount to the satisfaction
of the court concerned subject to the following conditions:-


i. The applicant will not tamper with the evidence during the trial.


ii. The applicant will not pressurize/intimidate the prosecution witness.


iii. The applicant will appear before the trial court on the date fixed, unless personal
presence is exempted and/or the applicant shall make himself available for
interrogation by a police officer as and when required.


iv. The applicant shall not commit an offence similar to the offence of which he is
accused, or suspected, of the commission of which he is suspected.


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 him from
disclosing such facts to the Court or to any police officer or tamper with the evidence.
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                                    vi. The applicant shall not leave India without the previous permission of the Court.


                                    vii. In the event, the applicant changes residential address, the applicant shall inform
                                    the court concerned about new residential address in writing.


                                    14. In case of breach of any of the above condition, the prosecution shall be at liberty
                                    to move bail cancellation application before this Court.

                                    September 23, 2026
                                    D. Tamang

                                                                                              (Vikram D. Chauhan,J.)




Digitally signed by :-
DHIRENDRA TAMANG
High Court of Judicature at Allahabad