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2025 DAILYLAW 139085 (ALL)

GIRISH TYAGI @ GIRISH KUMAR v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. LKO

BAIL/3977/2025 · 2025-05-08

Subhash Vidyarthi

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:26990 Court No. - 15 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 3977 of 2025 Applicant :- Girish Tyagi @ Girish Kumar Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko Counsel for Applicant :- Manish Kumar Tripathi,Aditya Vikram Singh Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J. 1. Heard Sri Manish Kumar Tripathi, learned counsel for the applicant, Sri Anurag Verma, learned Additional Government Advocate-I for the State and perused the records. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 01 of 2021, under Sections 304, 337, 338, 427, 409, 120-B I.P.C. and Section 7/13 PC Act, registered at Police Station SIT, District Lucknow. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 07.01.2021 against (i) Niharika Singh, EO, (ii) J.E. Chandra Pal, (iii) Ashish, Supervisor, (iv) Ajay Tyagi, Contractor and (v) other unnamed accomplices and concerned officers stating that the informant had gone to cremate the dead body of his father on 03.01.2021. It started raining and therefore several persons took shelter of newly constructed building of cremation ground. The ceiling of the building fell down causing death of more than twenty persons and 15-20 persons got injured. The building had been constructed some times ago by Nagar Palika, Murad Nagar. During investigation the applicant hs also been implicated as he was working as a Clerk in the Nagar Palika Parishad, Murad Nagar, Ghaziabad. 4. In the affidavit filed in support of bail application it has been stated that the applicant is an old man aged 64 years, he is innocent, he has been falsely implicated in the present case and he has no criminal history. It has also been submitted on behalf of the applicant that all the named accused persons have already been granted bail and copies of their bail orders have been annexed with the bail application. 5. The learned Additional Government Advocate-I appearing on behalf of the State has opposed the prayer for bail and he has submitted that the applicant was responsible for properly up- keeping of files relating to the construction in question. He was involved in preparation of bill by allegedly ante dating the same. It is alleged that he has obtained pecuniary benefits in the construction. 6. Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the applicant is a 64 years person having no previous criminal history and the named accused persons have already been enlarged on bail by this court 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. 7. Accordingly, this bail application stands allowed. 8. Let the applicant-Girish Tyagi @ Girish Kumar 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 :- 8.5.2025 Ram. Digitally signed by :- RAM SINGH High Court of Judicature at Allahabad, Lucknow Bench