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2025 DAILYLAW 173862 (ALL)

GIRIJA SHANKAR PAL v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO.

/7325/2025 · 2025-12-04

Pankaj Bhatia

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 7325 of 2025 Court No. - 12 HON'BLE PANKAJ BHATIA, J. 1. Heard learned counsel for the applicant, learned AGA and perused the record. 2. The accused-applicant seeks bail in FIR/Case Crime No.35 of 2025 under section 103(1)/238 BNS, P.S. PGI, District Lucknow. 3. In terms of the FIR, allegations were levelled that an information was received through the applicant from an unknown number that the sister of the informant is died. It was further stated that the applicant was having live- in-relationship with the sister of the informant for the last ten years and was staying at Lucknow. It was also stated that the sister wanted to marry the applicant, however, for the last two years, he was avoiding to marry and was also pressing for recoveries of certain money. It was also stated that the applicant had taken some policy in the name of the sister of the informant and he somehow wanted that the money of the insurance claim be paid to him and he may not be required to marry the sister, he has killed the sister of the informant. 4. In the light of the said, the counsel for the applicant draws my attention to the postmortem report, which indicates the presence of as many as twelve injuries which include the contusion injury on the head and a lacerated wound on the forehead and multiple abraded contusions on elbow joints and other parts of the body, which was also the cause of death. Versus Counsel for Applicant(s) : Atul Verma, Arvind Kumar Verma Counsel for Opposite Party(s) : G.A. Girija Shankar Pal .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko. .....Opposite Party(s) 5. In the light of the said, my attention is drawn to the statement of the one of the witness Yash Verma, who had stated that he had received an information from the police authorities that her aunt has met with an accident and was admitted at the Trauma Centre. The brother of the deceased gave a statement, which was in consonance with the FIR allegation, and also stated that he had committed the offence and had thrown the body behind the Trauma Centre. The body of the deceased was found in the Defense Expo Ground by the police officer who had taken the body to the Trauma Centre. 6. From the perusal of the postmortem report, the nature of the injuries are severe and appear to be prima-facie caused by an accident. Subsequently, in terms of the confessional statement of the applicant, the applicant was linked with the offence in question. In terms of the said confessional statement, it was stated that the applicant had hit her with a vehicle and subsequently when she died, the applicant took the vehicle to Rae Bareli and to avoid the Toll, he could take a different route and thereafter he took the vehicle to garage where the vehicle was got repaired. The statement of the garage owner is on record, which states that the vehicle in question had come for repair in which, the Fog Light was broken and the Bumper was slightly compressed. Thus, based upon the confessional statement, the applicant was proposed to be linked with the offence in question. 7. The nature of injuries and the repair work carried out on the vehicle, prima-facie do not corroborate and further, there is no recovery of any insurance policy, which was shown as a reason for committing the offence. 8. Considering the said inconsistencies, the applicant who is in custody since 19.01.2025 and has explained his criminal antecedents in para 42 in which one case is of the year 2015 and he is on bail in the said case, the applicant is entitled for the bail. Thus the bail application is allowed. 9. Let the applicant Girija Shankar Pal be released on bail in aforesaid FIR/Case Crime Number subject to his furnishing a personal bond and two reliable sureties of Rs.20,000/- (Twenty Thousand) each of the like amount to the satisfaction of the court concerned with the following conditions: BAIL No. 7325 of 2025 2 (a) The applicant shall execute a bond to undertake to attend the hearings; (b) The applicant shall not commit any offence similar to the offence of which he is accused or suspected of the commission; and (c) The applicant 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 him from disclosing such facts to the Court or to any police officer or tamper with the evidence. December 4, 2025 VNP/- BAIL No. 7325 of 2025 3 (Pankaj Bhatia,J.) Digitally signed by :- VISHVANATH PRASAD SHUKLA High Court of Judicature at Allahabad, Lucknow Bench