Allowed

Girish Gandhi (Girish Kumar Gandhi) v. State of U.P. Thru. Addl. Chief Secy. Deptt. Home Civil Sectt. Lko

Allahabad HC27 Feb 2024/748/2024

Case brief

AI extract

What is this about?

Applicant sought bail in an FIR under Sections 419, 420, 406, 120B and 34 IPC, citing parity with co-accused Sandeep Sharma already released on bail. The State did not dispute the parity. Relying on cited precedents, the court granted bail on the ground of parity with conditions.

What did the court decide?

Applicant released on bail on furnishing personal bond and two sureties, with verification of sureties, subject to stated conditions.

Girish Gandhi (Girish Kumar Gandhi) Vs State of U.P… — Cheating and Forgery | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:17722

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Court No. - 31

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 748 of 2024

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Applicant :- Girish Gandhi (Girish Kumar Gandhi) Opposite Party :- State Of U.P. Thru. Addl. Chief Secy. Deptt. Home Civil Sectt. Lko Counsel for Applicant :- Ram Kumar Singh Counsel for Opposite Party :- G.A.

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Hon'ble Krishan Pahal,J.

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List has been revised. The matter has been heard through Video Conferencing.

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Heard Sri Ram Kumar Singh, learned counsel for the applicant, Sri Avashesh Kumar Singh, learned A.G.A. for the State and perused the material placed on record.

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Applicant seeks bail in Case Crime No.222 of 2020, under Sections 419, 420, 406, 120B and 34 I.P.C., Police Station Tulsipur, District Balrampur, during the pendency of trial.

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It is submitted by learned counsel for the applicant that similarly placed co-accused person Sandeep Sharma has already been enlarged on bail by this Court vide order dated 21.7.2022 passed in Criminal Misc. Bail Application No.8005 of 2022. He further submitted that since the role of the applicant is identical to that of co-accused who has already been enlarged on bail, he is also entitled to be enlarged on bail on the ground of parity. In all, eleven FIRs were instituted against the applicant and the applicant has been enlarged on bail in other cases.

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The prayer for bail has been vehemently opposed by learned A.G.A. However, the aforesaid factual aspect of the parity to the co-accused has not been disputed by him.

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Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, the evidence on record, pending trial and in light of the judgement passed by this Court in Nanha S/o Nabhan Kha vs. State of U.P., 1993 Crl.L.J. 938 and the judgement passed by the Apex Court in Paras Ram Vishnoi vs. The Director, Central Bureau of Investigation, MANU/SCOR/22410/2021, without

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expressing any opinion on the merits of the case, this Court is of the view that the applicant has made out a case for grant of bail on the ground of parity. The bail application is allowed on the ground of parity.

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Let the applicant- Girish Gandhi (Girish Kumar Gandhi) , who is involved in aforementioned 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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(i) The applicant shall not tamper with evidence.

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(ii) The applicant shall remain present, in person, before the Trial Court on dates fixed for (1) opening of the case, (2) framing of charge and (3) recording of statement under Section 313 Cr.P.C. If in the opinion of the Trial Court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the Trial Court to treat such default as abuse of liberty of bail and proceed against him in accordance with law.

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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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It is made clear that observations made in granting bail to the applicant shall not in any way affect the learned trial Judge in forming his independent opinion based on the testimony of the witnesses.

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Order Date :- 27.2.2024 Ravi Kant

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(Krishan Pahal, J.)

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Digitally signed by :- RAVI KANT High Court of Judicature at Allahabad, Lucknow Bench

Girish Gandhi (Girish Kumar Gandhi) v. State of U.P. Thru. Addl. Chief Secy. Deptt. Home Civil Sectt. Lko

Case brief

What is this about?

What did the court decide?

Girish Gandhi (Girish Kumar Gandhi) v. State of U.P. Thru. Addl. Chief Secy. Deptt. Home Civil Sectt. Lko

Case brief

What is this about?

What did the court decide?

What the court decided

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