Pinki Giri Vs State of U.P. and Another

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HIGH COURT OF JUDICATURE AT ALLAHABAD

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CRIMINAL APPEAL No. - 8756 of 2025

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Pinki Giri

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.....Appellant(s)

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	Versus
State of U.P. and Another	...	..Respondent(s)
Counsel for Appellant(s)	: Mayank Chandra, Naina Pratap Singh	Chawla, Surya
Counsel for Respondent(s)	: Abhisht Jaiswal, G.A.

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Court No. - 87

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HON'BLE ANIL KUMAR-X, J.

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Heard learned counsel for appellant, learned counsel for the informant and learned AGA for the State.

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This criminal appeal under Section 14-A(2) of The Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act, 1989 has been preferred by the appellant - Pinki Giri with the prayer to allow the appeal, set aside the bail rejection order dated 08.09.2025, passed by learned Special Judge SC/ST (Prevention Atrocities) Act, Deoria, in Case Crime No. 122 of 2022 under Sections 302, 120B and 201 IPC and Section 3(2)5 of SC/ST (Prevention of Atrocities) Act Police Station Salempur, District Deoria.

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It is submitted by the learned counsel for the appellant that the appellant is innocent and has been falsely implicated in this case. He further submits that certain dispute between the deceased and accused Markandey Pandey arose because both of them had an illicit relationship with a lady. It has been stated that accused Markandey Pandey was jealous of deceased because deceased was also having an illicit relationship with a lady. The informant has stated that said jealousy has led Markandey to commit the murder of the deceased. He further submitted that the motive to commit the murder of the deceased has been imputed against co-accused Markendey. The co-accused has already been granted bail by this Court vide order dated 12.4.2024 passed in Criminal Appeal No. 86 of 2024, thus appellant is also entitled for bail on the ground of parity.

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Learned A.G.A. has vehemently opposed the prayer.

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CRLA No. 8756 of 2025

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2

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I have considered the rival submissions so made and have gone through the entire record.

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Having regard to the facts and circumstances of the case and keeping in view the nature of the offence, evidence, complicity of the accused, severity of punishment, the Court is of the opinion that the appellant has made out a case for bail.

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Accordingly, the appeal is allowed and the impugned order rejecting the bail application of the appellant is set-aside.

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Let the appellant Pinki Giri involved in Case Crime No. 122 of 2022 under Sections 302, 120B and 201 IPC and Section 3(2)5 of SC/ST (Prevention of Atrocities) Act Police Station Salempur, District Deoria, be released on bail on 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 appellant will not tamper with the evidence during the trial.

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(ii) The appellant will not pressurize/ intimidate the prosecution witness.

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

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(iv) The appellant shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected.

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(v) The appellant 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 her from disclosing such facts to the Court or to any police officer or tamper with the evidence.

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In case of breach of any of the above conditions, the court concerned shall be at liberty to take appropriate coercive action for appearance of the accused or to cancel the bail granted.

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October 10, 2025 Ujjawal

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(Anil Kumar-X,J.)

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Digitally signed by :- UJJAWAL High Court of Judicature at Allahabad

Pinki Giri v. State of U.P. and Another

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Pinki Giri v. State of U.P. and Another

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