Dinesh Giri Vs State of U.P. Thru. Prin. Secy./Addl. Chief Secy. Home Lko.

Neutral Citation No. - 2025:AHC-LKO:45086

Court No. - 12

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 8168 of 2024

Applicant :- Dinesh Giri Opposite Party :- State Of U.P. Thru. Prin. Secy./Addl. Chief Secy. Home Lko. Counsel for Applicant :- Dileep Kumar Mishra,Manjeet Singh,Prabhat Mishra

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Counsel for Opposite Party :- G.A.

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Hon'ble Karunesh Singh Pawar,J.

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Rejoinder affidavit filed today is taken on record.

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

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In the prosecution case, it is alleged that on 25.3.2024 in the night at about 8-9 pm due to old enmity, 7 named and 3 unnamed persons who had drunk, armed with lathi-danda and farsa have attacked the complainant, due to which the son of the complainant died on the spot and he himself, his son Mohan Giri and the wife Kamla Devi (mother of the deceased) got injured.

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Learned counsel for the applicant submits that the deceased had suffered eight ante-mortem injuries. Cause of death is due to emergence of ante-mortem injuries. No specific allegation has been levelled against the applicant by the injured witnesses.

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It is further submitted that the applicant has no criminal history and he is languishing in jail since 30.3.2024. Charge-sheet in the case has been filed. Till date, the trial has not yet commenced. There is no possibility of the applicant of fleeing away after being released from jail or tampering with the witnesses. In case the applicant is enlarged on bail, he shall not misuse the liberty of bail.

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Learned A.G.A. has opposed the prayer for bail but could not dispute the aforesaid facts as argued by the learned counsel for the applicant.

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On due consideration to the submissions advanced, perusal of the record so also the fact that the applicant has no criminal history; he is languishing in jail since 30.3.2024; general role has been assigned to all the accused persons including three unnamed persons; charge-sheet in the case has been filed; the trial has not yet commenced and without expressing any

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opinion on the merits of the case, I find it to be a fit case for enlarging the applicant on bail.

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Accordingly, the bail application is allowed .

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Let the applicant- Dinesh Giri involved in Case Crime No. 85 of 2024, under Sections 302, 323, 34 I.P.C., Police StationLambhua, District- Sultanpur, 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 with the following conditions which are being imposed in the interest of justice:-

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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 pressurize/ intimidate the prosecution witness.

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

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(iv) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law.

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(v) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him in accordance with law.

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(vi) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under Section 84 B.N.S.S. is issued and the applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law, under Section 209 of B.N.S.

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Order Date :- 4.8.2025 Shravan

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Digitally signed by :- SHRAVAN KUMAR High Court of Judicature at Allahabad, Lucknow Bench

Dinesh Giri v. State of U.P. Thru. Prin. Secy./Addl. Chief Secy. Home Lko.

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Dinesh Giri v. State of U.P. Thru. Prin. Secy./Addl. Chief Secy. Home Lko.

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