SANJAY GIRI v. STATE OF U.P. THRU. PRIN. SECY. HOME CIVIL SECTT. LOK BHAWAN LKO AND 2 OTHERS
BAIL/321/2025 · 2025-03-26
Subhash Vidyarthi
body2025
DailyLaw.ai
[ 2025 DAILYLAW 116403 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 116403 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:17268 Court No. - 15 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 321 of 2025 Applicant :- Sanjay Giri Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Civil Sectt. Lok Bhawan Lko And 2 Others Counsel for Applicant :- Shivendra S Singh Rathore,Bhavesh Chandel,Piyush Raj Verma,Sachin Upadhyay Counsel for Opposite Party :- G.A.,Dinesh Kr. Sharma,Sudhir Kumar Tiwari Hon'ble Subhash Vidyarthi,J.
1. Heard Sri Shivendra S Singh Rathore, learned counsel for the applicant as well as Sri Arvind Kumar Pandey, learned A.G.A. for the State and perused the records. 2. The instant application has been filed seeking release of the applicant on bail in FIR/ Case Crime No.150 of 2024, under Sections 191(2), 191(3), 115(2), 352, 76, 333, 105 of BNS, registered at Police Station- Mahigawan, District- Lucknow. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 30.11.2024 against six persons including the applicant, stating that the accused persons assaulted upon the head of the informant's father-in-law with an axe and they also assaulted the informant's husband and brother-in-law with bricks and sticks causing injuries to them. She further alleged molestation by three co-accused persons. The informant's father-in-law died during treatment on 16.12.2024. 4. In the affidavit filed in support of bail application, it has been stated that the applicant is innocent, he has been falsely implicated in the present case. The applicant's involvement in two other cases has been disclosed in para 21 of the affidavit, in both which, he has already been granted bail. 5. The State has filed a counter affidavit annexing therewith the
copies of material collected during investigation. 6. A rejoinder affidavit has been filed on behalf of the applicant stating that all the other co-accused persons have already been granted bail and annexing copies of their bail orders with rejoinder affidavit. 7. The learned AGA could not dispute that the role assign to the applicant is similar to the other co-accused persons, who have already been granted bail.. 8.
Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the applicant is languishing in jail since 17.12.2024 and without making any observation, which may affect the merits of the case, I am of the view that the aforesaid facts are sufficient for making out a case for enlargement of the applicant on bail in the aforesaid crime on the ground of parity. 9. Accordingly, this bail application stands allowed. 10. Let the applicant- Sanjay Giri 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. (Subhash Vidyarthi, J.) Order Date :- 26.3.2025 Gurpreet Singh Digitally signed by :- GURPREET SINGH High Court of Judicature at Allahabad, Lucknow Bench