Allowed

Ghanshyam Giri v. State of U.P.

Allahabad HC27 Jul 2022BAIL/24918/2022

Case brief

AI extract

What is this about?

In a criminal bail application, the High Court allowed the release of Ghanshyam Giri on bail in a case involving theft, robbery, and cheating charges. The applicant claimed false implication and lack of criminal history. The court granted bail subject to personal bond, sureties, and standard conditions regarding witness tampering and trial attendance.

What did the court decide?

Release of the applicant on bail by furnishing a personal bond and two sureties each to the satisfaction of the court below, subject to standard conditions.

Ghanshyam Giri Vs State of U.P. — Bail and Remand | Allahabad HC (2022)

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Court No. - 79

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 24918 of 2022

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Applicant :- Ghanshyam Giri Opposite Party :- State of U.P. Counsel for Applicant :- Shri Prakash Dwivedi Counsel for Opposite Party :- G.A.,O.P.S. Rathore,Shamshuddin Khan (S U Khan)

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Hon'ble Subhash Vidyarthi,J.

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Supplementary affidavit filed today is taken on record.

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Heard Mr. Shri Prakash Dwivedi, the learned counsel for the applicant, Mr. Jitendra Kumar Jaiswal, the learned Additional Government Advocate, Mr. O.P.S. Rathore, learned counsel appearing for the informant and perused the record.

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The instant application has been filed seeking release of the applicant on bail in Case Crime No. 122 of 2022, under Sections 395, 397, 363, 504, 511, 412, 419, 420, 467, 468, 471 IPC, Police Station Aurai, District Bhadohi during pendency of the trial in the Court below.

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The aforesaid case has been registered on the basis of an F.I.R. lodged against the Driver of Truck bearing registration No. UP 66 T 1005 and 4-5 unknown persons alleging that on 20.04.2022 the informant had purchased coal from R.D.S. Depot, Raigarh, Chhattisgarh and he had hired the applicant's Truck and had loaded the coal on it and had started up for Kushinagar; on 23.04.2022 at 9:10 a.m. the Truck Driver stopped the Truck at a 'Dhaba' and the Truck was kept parked there for two days and the Driver did not start the remaining journey inspite of the informant's request. On 24.04.2022, the Truck owner's brother arrived and thereafter the Driver started the journey but after 15-20 minutes he again stopped the Truck. 4-5 persons riding a vehicle came there, they forcibly made the informant sit in the vehicle and took him away in their vehicle and the Truck alonwith documents of the coal that had been purchased by the informant was left behind.

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The F.I.R. of the incident is alleged to have occurred on 24.04.2022 at 22:50 hours was lodged on 26.04.2022 at 17:05 hours.

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The Truck was recovered on 07.05.2022 alongwith coal that was loaded by the informant and the applicant as well as three

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other persons were arrested from the spot.

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In the affidavit filed in support of the bail application, it has been stated that the applicant has been falsely implicated in the present case and that there is no independent witness of the alleged recovery. It has further been stated in the affidavit that the applicant is neither the owner nor the Driver of the Truck and the Truck is owned by his brother Akhilesh Giri.

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The affidavit further states that the applicant has no criminal history and he is languishing in jail since 07.05.2022.

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The learned counsel for the applicant has submitted that one of the other co-accused person Sarvesh Pandey @ Rahul has already been released on bail by means of an order dated 26.07.2022 passed by this Court in Criminal Misc. Bail Application No. 29271 of 2022.

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Per contra, the learned Additional Government Advocate has opposed the prayer for grant of bail.

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Having regard to the aforesaid facts and submissions, I am of the view that the applicant is entitled to be released on bail in the aforesaid case.

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In the light of preceding discussion and without making any observation on the merit of the case, the instant bail application is allowed .

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Let the applicant Ghanshyam Giri be released on bail in Case Crime No. 122 of 2022, under Sections 395, 397, 363, 504, 511, 412, 419, 420, 467, 468, 471 IPC, Police Station Aurai, District Bhadohi on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court below, subject to the following conditions:-

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

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(ii) The applicant will not influence any witness.

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(iii) The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.

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(iv) The applicant shall not directly or indirectly make 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 to any police officer or tamper with the evidence.

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

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Order Date :- 27.7.2022 Jaswant

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Digitally signed by JASWANT KUMAR Date: 2022.07.29 10:13:06 IST Reason: Location: High Court of Judicature at Allahabad

Ghanshyam Giri v. State of U.P.

Case brief

What is this about?

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Ghanshyam Giri v. State of U.P.

Case brief

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