Allowed

Arvind Kumar Giri v. State of U.P.

Allahabad HC12 Mar 2019BAIL/10209/2019

Case brief

AI extract

What is this about?

The Court granted bail to the applicant, Arvind Kumar Giri, in a case involving rioting and causing death. The applicant contended false implication and lack of specific role in fatal injuries. Balancing complicity, severity, and co-accused bail, the Court found it a fit case for bail without commenting on merits.

What did the court decide?

Released on bail furnishing a personal bond and two sureties in like amount under Sections 147, 148, 149, 323, 504, 506 and 304 IPC.

Arvind Kumar Giri Vs State of U.P. — Murder and Culpable Homicide | Allahabad HC (2019)

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Court No. - 45

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 10209 of 2019

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Applicant :- Arvind Kumar Giri Opposite Party :- State Of U.P. Counsel for Applicant :- Sanjay Kumar Singh Counsel for Opposite Party :- G.A.

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Hon'ble Harsh Kumar,J.

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Vakalatnama filed by Sri Mukesh Kumar Pandey, Advocate on behalf of first informant today in the Court, is taken on record.

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Heard Sri Sanjay Kumar Singh, learned counsel for applicant, Sri Mukesh Kumar Pandey, learned counsel for first informant, learned A.G.A. and perused the record.

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Learned counsel for applicant contended that applicant has been falsely implicated; that as per averments made in F.I.R. lodged on 8.5.2015 by Smt. Subhawati Devi, all accused-persons armed with deadly weapons came and committed marpeet with her husband, causing grievous injuries to him, resulting in his death; that injury report and post mortem report state that deceased sustained one head injury apart from two contusions over his arm and knee and his death did take place due to anti mortem injuries; that in F.I.R. or in statements of witnesses, no specific role or weapon has been assigned to applicant for causing fatal injuries to deceased; that applicant may not be considered to be author of fatal injuries sustained by deceased; that co-accused Anirudh Giri has been granted bail by another Bench of this Court vide order dated 3.12.2018 passed in Criminal Misc. Bail Application No.24750 of 2018, copy filed at Annexure No.13; that applicant has no criminal history; that applicant undertakes that he will not misuse liberty of bail; that applicant is in custody since 28.1.2019.

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Learned A.G.A. and learned counsel for first informant vehemently opposed the prayer of bail.

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Upon hearing learned counsel and perusal of record and considering complicity of accused, severity of punishment, grant of bail to co-accused as well as totality of facts and circumstances, at this stage without commenting on the merits of the case, I find it a fit case for bail.

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Let applicant Arvind Kumar Giri be released on bail in Case Crime No.574 of 2015, under Sections 147, 148, 149, 323, 504, 506 and 304 I.P.C., P.S. Kuber Sthan, District Kushi Nagar on

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furnishing a personal bond and two sureties each in the like amount to satisfaction of magistrate/court concerned, subject to following conditions:-

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(i) The applicant will co-operate with trial and remain present personally on each and every date fixed for framing of charge, recording of evidence as well as recording of statement under Section 313 Cr.P.C. or through counsel on other dates and in case of absence without sufficient cause, it will be deemed that he is abusing the liberty of bail enabling the court concerned to take necessary action in accordance with the provisions of Section 82 Cr.P.C. or Sections 174A and 229A I.P.C.

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(ii) The applicant will not tamper with the prosecution evidence and will not delay the disposal of trial in any manner whatsoever.

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(iii) The applicant will not indulge in any unlawful activities.

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The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicant to prison.

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Order Date :- 12.3.2019 Tamang

Arvind Kumar Giri v. State of U.P.

Case brief

What is this about?

What did the court decide?

Arvind Kumar Giri v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

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