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2026 DAILYLAW 11048 (ALL)

SUSHMA GIRI AND 36 OTHERS v. STATE OF U.P.

NABAIL/9325/2025 · 2026-09-27

Vivek Kumar Singh

body2026

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 9325 of 2025 Court No. - 72 HON'BLE VIVEK KUMAR SINGH, J. 1. Heard learned counsel for the applicants, learned A.G.A. for the State and perused the record. 2. The applicants- Sushma Giri, Vipin Yadav, Kundan Singh, Shekhar Yadav, Pradeep Giri, Vicky Giri, Raj Kumar, Shiva Yadav, Vijay Giri, Rajesh Giri, Pyare Giri, Pankaj Gorh, Sita Ram Gupta, Sanjay Yadav, Kamlesh Yadav, Jokhan Giri, Ankit Giri, Chandan Yadav, Bhanu Yadav, Bhagwan Jaiswal, Sunil Yadav, Alok Giri @ Ashok Giri, Mahendra Yadav, Govind Sao, Gareeb Kharwar, Nitesh Yadav, Dileep Yadav, Shambhu Yadav, Bhola Yadav, Pintoo Yadav @ Rajesh, Potan Yadav, Rinku Yadav, Ramdheen Giri, Prince Singh @ Raj Kumar, Smt. Suman Giri, Guddan Ram and Jhagadu Ram were granted interim anticipatory bail in the present case by this Court vide order dated 20.11.2025. The said order is quoted herein below: "1. Heard Sri D.K. Srivastava, learned counsel for the applicants and Sri B.P. Maurya, learned A.G.A. for the State and perused the record. 2. The present application has been moved seeking anticipatory bail in Case Crime no. 36 of 2021 under Sections 34, 147, 148, 149, 152, 153, 323, 352, 332, 336, 353, 109, 112, 188, 269, 270, 271(h), 504, 506, 427 IPC, 7 Criminal Law (Amendment) Act and section 3 of Prevention of Damages to Public Property Act, Police Station Sahabganj, District Chandauli with the prayer that in the event of arrest, the applicant may be released on bail. 3. It is contended by learned counsel for the applicants that 48 named persons and around 250 unknown persons have been made accused in the present case. It is further submitted that as per the FIR, some altercation Versus Counsel for Applicant(s) : Dhirendra Kumar Srivastava Counsel for Opposite Party(s) : G.A. Sushma Giri And 36 Others .....Applicant(s) State of U.P. .....Opposite Party(s) took place amongst the applicants and some unknown persons and the police. It is further submitted that chargesheet in the case has already been filed and applicants were not arrested during investigation and they were served with notice under section 41-A Cr.P.C. It is further submitted that one of the co-accused Swami has already been enlarged on anticipatory bail by Co-ordinate Bench of this Court vide order dated 18.6.2025. It was also submitted that applicants undertake to co-operate during trial and they would appear as and when required by the investigating agency or Court and in case they are granted anticipatory bail, they shall not misuse the liberty of bail and would obey all conditions of bail. 4. On the other hand, learned A.G.A. submits that he has no instructions in the matter. 5. It may be stated that in case of Siddharam Satlingappa Mhetre v. State of Maharashtra, (2011) 1 SCC 694, it has been held by Hon'ble Supreme Court that while deciding anticipatory bail, the Court must consider nature and gravity of accusation, antecedents of the accused, possibility of accused to flee from justice and that Court must evaluate the entire available material against the accused carefully and the exact role of accused has also to be taken into consideration. 6. Considering the submissions of learned counsel for the parties and all attending facts and circumstances of the case, let the applicants Sushma Giri, Vipin Yadav, Kundan Singh, Shekhar Yadav, Pradeep Giri, Vicky Giri, Raj Kumar, Shiva Yadav, Vijay Giri, Rajesh Giri, Pyare Giri, Pankaj Gorh, Sita Ram Gupta, Sanjay Yadav, Kamlesh Yadav, Jokhan Giri, Ankit Giri, Chandan Yadav, Bhanu Yadav, Bhagwan Jaiswal, Sunil Yadav, Alok Giri @ Ashok Giri, Mahendra Yadav, Govind Sao, Gareeb Kharwar, Nitesh Yadav, Dileep Yadav, Shambhu Yadav, Bhola Yadav, Pintoo Yadav @ Rajesh, Potan Yadav, Rinku Yadav, Ramdheen Giri, Prince Singh @ Raj Kumar, Smt. Suman Giri, Guddan Ram, Jhagadu Ram in the event of their arrest, be released on interim anticipatory bail on their furnishing personal bond of Rs. 50,000/- with two sureties each in the like amount to the satisfaction of the Court concerned till 15.12.2025 with the following conditions :- (i) The applicants shall not tamper with evidence and they would appear before the trial Court on the date fixed unless exempted by the Court concerned; (ii) The applicants shall not directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so NABAIL No. 9325 of 2025 2 as to dissuade him/her/them from disclosing such facts to the Court or to any police officer; (iii) The applicants would co-operate during trial and would not misuse the liberty of bail. (iv) The applicants shall not leave India without prior permission of the Court concerned. 7. In default of any of the conditions, the prosecution shall be at liberty to file appropriate application for cancellation of the interim anticipatory bail granted to the applicants. 8. Put up this case as fresh on 15.12.2025. 9. In the meantime, learned AGA is directed to obtain instructions in the matter by the next date." 3. Earlier interim anticipatory bail was granted to the applicants vide order dated 20.11.2025 and in pursuance of aforesaid order, the applicants are regularly appearing before the learned trial court which is clear from perusal of order sheet appended in the compliance affidavit dated 17.04.2026. The investigation is complete in this matter and chargesheet has been submitted. The applicants are regularly appearing before the learned trial court, therefore, there is no requirement of custodial interrogation of the applicants. 4. In view of above, the interim anticipatory bail granted to the applicants vide order dated 20.11.2025 is hereby made absolute. The applicants will remain on anticipatory bail till conclusion of trial on the same terms and conditions as given in the order dated 20.11.2025 passed by this Court. 5. The anticipatory bail application stands allowed. 6. In default or misuse of any of the conditions mentioned in the order dated 20.11.2025, the Public Prosecutor/ Investigating Officer/ first informant- complainant would be at liberty to file appropriate application for cancellation of anticipatory bail granted to the applicant, before the concerned court. (Vivek Kumar Singh,J.) September 28, 2026 Radhika NABAIL No. 9325 of 2025 3 Digitally signed by :- RADHIKA VISHWAKARMA High Court of Judicature at Allahabad