Allahabad High Court
Shankar Giri vs State Of U.P. on 22 July, 2016
Bench: Abhai Kumar
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 28
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 23918 of 2016
Applicant :- Shankar Giri
Opposite Party :- State Of U.P.
Counsel for Applicant :- Sanjay Kumar Yadav
Counsel for Opposite Party :- G.A.
Hon'ble Abhai Kumar,J.
Sri Sunil Kumar and Sri Praveen Kumar Giri, Advocates, have filed their Vakalatnama today on behalf of complainant, which are taken on record.
Sri Sanjay Kumar Yadav, counsel for the applicant has filed supplementary affidavit today, which is also taken on record.
Heard learned counsel for the applicant, learned A.G.A for the State and private counsels - Sri Praveen Kumar, Sri Giri Sri Sunil Kumar, and perused the record.
It is submitted by learned counsel for the accused-applicant that co-accused - Shanti Devi - mother in law of the deceased has already been granted bail by another Bench of this Court vide order dated 13.07.2016 passed in Criminal Misc. Bail Application No. 22312 of 2016 - (Shanti Devi Vs. State of U.P.)
It is further submitted by the counsel for the applicant that the case of accused-applicant is of identical nature and general allegations regarding the crime are there.
Learned counsels for the complainant argued that accused-applicant is having criminal history, this fact has been concealed from the Court.
Learned counsel for the applicant submitted that mother-in-law of the deceased has already been granted bail by this Court. The case of father-in-law is always lesser footing than the mother-in-law. If the bail is granted to the mother in law then father in law is also entitled for bail. So far as criminal history of the applicant is concerned, it cannot be a ground for rejecting the bail application.
It is next contended that the applicant is in jail since 14.04.2016 and in case he is enlarged on bail, he will not misuse the liberty of bail.
Learned A.G.A. has opposed the prayer for bail but could not dispute the aforesaid facts.
Seeing the facts and circumstances of the case as well as submissions made by learned counsel for the parties and also perusing the material brought on record, without expressing any opinion on merits of the case, it is a fit case for grant of bail.
Let the applicant ? Shankar Giri involved in Case Crime No. 56 of 2016, under Sections 498-A, 304-B I.P.C & 3/4 of Dowry Prohibition Act, Police Station ? Atrauliya, District ? Azamgarh, be released on bail on his furnishing a personal bond and two local sureties each of the like amount to the satisfaction of the court concerned, subject to the following conditions: -
1. The applicant shall not tamper with the prosecution evidence.
2. The applicant shall not pressurize the prosecution witnesses.
3. The applicant shall appear on the date fixed by the trial Court.
In case of default of any of the conditions enumerated above, the order granting bail shall automatically stand cancelled.
Order Date :- 22.07.2016.
Vinod.
