Allowed

Girish Chandra Alias Gorelal v. State of U.P.

Allahabad HC22 May 2018BAIL/16207/2018

Case brief

AI extract

What is this about?

In a criminal bail application regarding an IPC 302 case, the High Court allowed the petition. The court found the applicant languishing in custody, relying on the defense argument regarding lack of independent witnesses and potential suicide of the deceased, without expressing an opinion on the merits of the prosecution case.

What did the court decide?

Release of the applicant on personal bond and two sureties with standard bail conditions.

Girish Chandra Alias Gorelal Vs State of U.P. — Bail and Remand | Allahabad HC (2018)

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Court No. - 55

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 16207 of 2018

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Applicant :- Girish Chandra Alias Gorelal Opposite Party :- State Of U.P. Counsel for Applicant :- Vikram D. Chauhan Counsel for Opposite Party :- G.A.,Arun Kumar Sharma

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Hon'ble Aniruddha Singh,J.

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Supplementary affidavit filed today is taken on record.

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Heard learned counsel for the applicant, learned counsel for the complainant and learned A.G.A. for the State.

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According to prosecution case, F.I.R. was lodged on 21.10.2017 against Girish Chandra @ Gorelal, Anand Kumar @ Lambari and two unknown persons alleging that on 19.10.2017, the nephew of complainant Vivek Kumar was last seen with above two accused persons; subsequently the dead body of the deceased was found and according to the postmortem report the cause of death was found asphyxia; after investigation the name of co-accused Anand Kumar was found false.

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Learned counsel for the applicant submitted that the applicant has been falsely implicated in the present case; there is no independent witness against the applicant; the F.I.R. was lodged on the basis of suspicion only; it appears from the postmortem report that deceased himself has committed suicide and hyoid bone was found intact; only one injury of ligature mark was found on the neck of the deceased; there is no eyewitness account/independent witness against the applicant; in case he is released on bail, he will not misuse the liberty of bail and will cooperate in the trial; he is languishing in jail since 26.10.2017 (more than six and half months) criminal history of one case has been explained in which he has been acquitted.

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Learned counsel for the complainant and learned A.G.A. opposed the prayer for bail and admitted that criminal history against this accused has been explained.

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Considering the submission of learned counsel for the parties, facts of the case, nature of allegation and period of custody, gravity of offence, without expressing any opinion on the merits of the case, the Court is of the opinion that it is a fit case for bail. Hence the bail application is hereby allowed.

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Let the applicant Girish Chandra Alias Gorelal involved in the Case Crime No.252 of 2017, under Section 302 I.P.C., P.S. Auchha, District Mainpuri be released on bail on his executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:

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i) The applicant shall not tamper with the prosecution evidence.

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ii) The applicant shall not threaten or harass the prosecution witnesses.

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iii) The applicant shall appear on the date fixed by the trial court.

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

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v) The applicant shall not directly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade the applicant from disclosing such facts to the Court or to any police officer or tamper with the evidence.

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In case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail.

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Order Date :- 22.5.2018 A. Tripathi

Girish Chandra Alias Gorelal v. State of U.P.

Case brief

What is this about?

What did the court decide?

Girish Chandra Alias Gorelal v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

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