Partly allowed

Shankar Giri v. State of Uttarakhand

Uttarakhand HC15 Nov 2021BA2/38/2021

Case brief

AI extract

What is this about?

Second bail application by accused Shankar Giri in murder case (IPC 302). Court outlined prosecution case including weapon recovery and decoration, observed earlier case dismissed for want of prosecution. Application pending and disposed without deciding merits.

What did the court decide?

Application pending disposed of with observations on facts and law but final disposal pending final disposal pending final diposal pending

SL. No	Date	Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures	COURT’S OR JUDGES’S ORDERS
			BA2 No.38 of 2021 Hon’ble R.C. Khulbe, J. Ms. Prabha Naithani, learned counsel for the applicant. Mr. A.K. Sah, learned D.A.G. for the State. This is the second bail application moved on behalf of the accused–Shankar Giri in connection with Case Crime/FIR No.69/2019, u/s 302 IPC, registered at P.S. Kotwali Haridwar, District Haridwar, has sought his release on bail. The first bail application has been dismissed for want of prosecution on 04.03.2021 by this Court. It is argued that the accused has been falsely implicated; he is languishing in jail since 25.01.2019; the statements of star witnesses have been recorded; there is no chance for tampering with the evidence; the informant appeared as PW-1 before the concerned court, but she did not support the prosecution’s story; he is ready to furnish the sureties and may be granted bail. Per contra, learned counsel for the State opposed for bail. As per the record, the offence occurred on 20.01.2019; the informant submitted an information on the very same day with P.S. Kotwali, Haridwar: thereafter, the accused was arrested; his statement was recorded; accordingly on 24.01.2019 as per his discloser statement a hammer was recovered, which was sent for FSL testing because there was bloodstained found; the blood of the deceased was found on the hammer; as per the post- mortem report, the cause of death is ante- mortem injuries;it is a matter of evidence

SL.
No

Date

Office Notes,
reports, orders or
proceedings or
directions and
Registrar’s order
with Signatures

COURT’S OR JUDGES’S ORDERS

BA2 No.38 of 2021
Hon’ble R.C. Khulbe, J.
Ms. Prabha Naithani, learned counsel for
the applicant.
Mr. A.K. Sah, learned D.A.G. for the
State.
This is the second bail application moved
on behalf of the accused–Shankar Giri in
connection with Case Crime/FIR No.69/2019,
u/s 302 IPC, registered at P.S. Kotwali
Haridwar, District Haridwar, has sought his
release on bail.
The first bail application has been
dismissed for want of prosecution on 04.03.2021
by this Court.
It is argued that the accused has been
falsely implicated; he is languishing in jail since
25.01.2019; the statements of star witnesses
have been recorded; there is no chance for
tampering with the evidence; the informant
appeared as PW-1 before the concerned court,
but she did not support the prosecution’s story;
he is ready to furnish the sureties and may be
granted bail.
Per contra, learned counsel for the State
opposed for bail.
As per the record, the offence occurred on
20.01.2019;
the
informant
submitted
an
information on the very same day with P.S.
Kotwali, Haridwar: thereafter, the accused was
arrested;
his
statement
was
recorded;
accordingly on 24.01.2019 as per his discloser
statement a hammer was recovered, which was
sent for FSL testing because there was
bloodstained found; the blood of the deceased
was found on the hammer; as per the post-
mortem report, the cause of death is ante-
mortem injuries;it is a matter of evidence

whether the abo	ve hammer w	as planted by	the
police or it was statement of the clear that, the ha the discloser stat	discovered as accused, but mmer, which ement of the	per the discl prima facie, was found as accused was	oser it is per sent
for FSL testing regarding the deceased. Looking to a fit case for bail The bail ap Pending disposed of. It is ho	and the FSL bloodstained the gravity of at this stage. plication is th application, wever, obser	report is posi related to offence, it is us, rejected. if any, sta ved that t	tive the not nds hese
observations are deciding the bail not have any bea	strictly for application a ring on the fin	the purpose nd the same s al merits of tri	of hall al.
BS	(R.C. 15.	Khulbe, J.) 11.2021

whether the abo

ve hammer w

as planted by

the

police or it was
statement of the
clear that, the ha
the discloser stat

discovered as
accused, but
mmer, which
ement of the

per the discl
prima facie,
was found as
accused was

oser
it is
per
sent

for FSL testing
regarding the
deceased.
Looking to
a fit case for bail
The bail ap
Pending

disposed of.
It is ho

and the FSL
bloodstained
the gravity of
at this stage.
plication is th
application,
wever, obser

report is posi
related to
offence, it is
us, rejected.
if
any,
sta
ved that t

tive
the
not
nds
hese

observations are
deciding the bail
not have any bea

strictly for
application a
ring on the fin

the purpose
nd the same s
al merits of tri

of
hall
al.

(R.C.
15.

Khulbe, J.)
11.2021

Shankar Giri v. State of Uttarakhand

Case brief

What is this about?

What did the court decide?

Shankar Giri v. State of Uttarakhand

Case brief

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