Allowed

Shobhnath Giri v. State of U.P.

Allahabad HC9 Dec 2022BAIL/14707/2021

Case brief

AI extract

What is this about?

A bail application under IPC Sections 419, 420, 467, 468, 504, and 506 was allowed. The court held the applicant made out a case for bail, considering the nature of the offence, the possibility of a civil dispute, and parity with a co-accused granted bail earlier.

What did the court decide?

Released on bail on furnishing a personal bond and two sureties, subject to specific conditions regarding tampering with evidence and committing further crimes.

Shobhnath Giri Vs State of U.P. — Cheating and Forgery | Allahabad HC (2022)

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Court No. - 74

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 14707 of 2021

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Applicant :- Shobhnath Giri Opposite Party :- State of U.P. Counsel for Applicant :- Brij Raj,Anil Pratap Singh,Sudist Kumar Counsel for Opposite Party :- G.A.,Ramsagar Yadav

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Hon'ble Deepak Verma,J.

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List revised.

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Learned counsel for the informant is not present.

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

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The instant bail application has been filed on behalf of the applicant Shobhnath Giri with a prayer to release him on bail in Case Crime No.536 of 2019, under Sections 419, 420, 467, 468, 504 & 506 I.P.C., P.S. Cholapur, District Varanasi during pendency of the trial.

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Allegation in the FIR is that applicant and co-accused were involved in poisoning the informant's husband. It is argued by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in the present case. The death report issued by Sir Sunderlal Hospital, Varanasi, discloses that informant's husband died on 15.11.2018 due to cardiopulmonary arrest and rest of the allegations in the FIR pertain to civil dispute. The veracity of the will deed cannot be decided by the police or criminal court. Learned counsel for the applicant next submitted that co-accused Kisan Giri has been granted bail by the coordinate Bench of this Court vide order dated 25.07.2022. Learned counsel for the applicant next submits that the applicant having better case for getting bail on account of parity. There is no prospect of trial of the present case being concluded in near future due to heavy dockets. The applicant is not a previous convict. The applicant is languishing in jail since 28.12.2020 and in case he is enlarged on bail he will not misuse the liberty of bail.

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Learned A.G.A. has opposed the bail prayer of the applicant.

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Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties and keeping in view the nature of offence, evidence, complicity of accused and without expressing any opinion on the merits of the case and larger mandate of the Article 21 of the Constitution of India, Satendra Kumar Antil Vs. C.B.I. & Another, passed in

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S.L.P.(Crl.) No. 5191 of 2021 , the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.

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Let the applicant, Shobhnath Giri, who is involved in the aforesaid case crime, be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions. Further, before issuing the release order, the sureties be verified.

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The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.

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The applicant shall cooperate in the trial sincerely without seeking any adjournment.

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The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.

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In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.

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Order Date :- 9.12.2022 SKD

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Digitally signed by SURJIT KUMAR DEY Date: 2022.12.09 18:22:43 IST Reason: Location: High Court of Judicature at Allahabad

Shobhnath Giri v. State of U.P.

Case brief

What is this about?

What did the court decide?

Shobhnath 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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