Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 114482 (ALL)

GIRIJA SHANKAR v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND 3 OTHERS

BAIL/113/2025 · 2025-05-07

Subhash Vidyarthi

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Neutral Citation No. - 2025:AHC-LKO:26887 Court No. - 15 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 113 of 2025 Applicant :- Girija Shankar Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And 3 Others Counsel for Applicant :- Dr. Ajai Pratap Singh Chauhan,Kunwar Samitinjay Singh Counsel for Opposite Party :- G.A.,Ajeet Kumar Singh Hon'ble Subhash Vidyarthi,J. 1. Heard Dr. Ajai Pratap Singh Chauhan, learned counsel for the applicant, Ms. Nikita Mishra, learned Additional Government Advocate for the State, as well as Sri Ajeet Kumar Singh, learned counsel for the informant and perused the records. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No.0261 of 2024, under Sections 147, 148, 149, 302, 354, 323, 504 and 506 I.P.C., Sections 3(2)v, 3(2)va, 3(1)dha SC/ST Act and Section 7/8 POCSO Act, registered at Police Station Bilgram, District Hardoi. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 14.05.2024 against seven named persons, including the applicant, and four unknown persons, alleging that the informant's husband was a polling agent of a political party in the parliamentary elections held in the year 2024. The accused persons had objected her husband being appointed as a polling agent of the political party. They were involved in polling of fake votes which was opposed by the informant's husband. After the polling got over, when the informant, her son, daughter, husband and son of her brother-in-law (Jeth) were about to leave for home, the accused persons attacked at the informant's husband and molested informant and her daughter. When certain persons tried to intervene, they were also beaten up. The informant's husband was taken to government hospital from where he was referred to district hospital, Hardoi and then to trauma centre, Lucknow where he died during treatment on 14.05.2024. 4. In the affidavit filed in support of the bail application, it has been stated that the applicant is a young man aged 20 years and he has been falsely implicated in the present case. 5. The applicant's involvement in two other criminal cases has been disclosed in para-29 of the affidavit filed in support of the bail application in one of which he has been acquitted and in another case no summon has been issued to him yet. 6. The State has filed a counter affidavit to oppose the bail application annexing therewith the copies of the materials collected during investigation and a copy of the charge-sheet dated 06.08.2024. 7. The learned counsel for the applicant has submitted that three co-accused persons, namely, Shravan Kumar @ Sarvan, Durgesh and Aldeep have already been enlarged on bail by this Court by means of orders dated 06.02.2025, 20.02.2025 and 10.03.2025 passed in Criminal Misc. Bail Application Nos. 10464 of 2024, 10718 of 2024 and 11505 of 2024 respectively. 8. Although the learned Additional Government Advocate has opposed the bail application but she has not disputed that the case set up against the applicant is similar to the case set up against those co-accused persons, who have already been enlarged on bail. 9. Having considered the aforesaid facts and circumstances of the case, I am of the view that the applicant is entitled to be released on bail on the ground of parity. 10. Accordingly, this bail application stands allowed. 11. Let the applicant- Girija Shankar be released on bail in the aforesaid case on furnishing a personal bond and two sureties each in the like amount to the satisfaction of magistrate/court concerned, subject to following conditions:- (i) the applicant shall not tamper with the prosecution evidence; (ii) the applicant shall not pressurize the prosecution witnesses; (iii) the applicant shall appear on each and every date fixed by the trial court, unless his appearance is exempted by the learned trial court. [Subhash Vidyarthi, J.] Order Date :- 7.5.2025 MVS/- Digitally signed by :- MANOJ VIKRAM SINGH CHAUHAN High Court of Judicature at Allahabad, Lucknow Bench