Allahabad High Court
Sohan Giri vs State Of U.P. Thru. Prin. Secy. ... on 16 March, 2023
Bench: Subhash Vidyarthi
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Court No. - 16
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 984 of 2023
Applicant :- Sohan Giri
Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko.
Counsel for Applicant :- Amit Kumar Awasthi,Anand Kumar Shukla
Counsel for Opposite Party :- G.A.
Hon'ble Subhash Vidyarthi,J.
Sri Amit Kumar Awasthi, learned counsel for the applicant, Sri Manish Kumar Pandey, learned AGA for the State and perused the record.
The present bail application has been filed by the applicant with the prayer to enlarge him on bail in Case Crime No. 13/2022, under Sections 147/148/149/302/323/324/307 IPC, Police Station Nighasan, District Kheri.
The aforesaid case has been registered on the basis of an FIR lodged against six named persons, including the applicant, stating that while the informant's father was returning from the fields, all the accused persons started beating him alleging that he had stolen a mobile phone. When the informant's mother and brother reached there to intervene, the accused persons beaten them also causing serious injuries to the informant's mother, brother and father. The informant's mother died on the spot and his father suffered serious injuries.
Postmortem report of the deceased Ravindra Kaur mentions an incised wound, brain deep on top of her head and a contusion over back of head and she died due to comma as a result of antemortem head injury.
The informant's brother Kuldeep Singh has suffered an incised wound on the right side of his head and the informant's father Gurdeep Singh also suffered an incised would on the left side of his head. Gurdeep Singh died in hospital on 27.01.2022 due to septicemia caused by antemortem injuries.
In the statements of the informant, injured Kuldeep Singh and injured Gurdeep Singh who died subsequently, it has been stated that all the accused persons had beaten them up the applicant Sohan Giri had assaulted them with a stick.
The learned counsel for the applicant has submitted that the persons did not die due to the injuries caused by lathi and that the applicant is presently aged about 70 years. He has further submitted that the applicant has also suffered injuries in the incident. A copy of his medico legal examination report annexed with the affidavit indicates that he has suffered a lacerated wound on he left side of his head, a contusion and a abrasion on the right side of his chest and he was complaining pain in right shoulder. The applicants sons Dhirendra Giri and Surendra Giri had also suffered lacerated wound and a contusion in the incident.
The learned counsel for the applicant has placed reliance upon a judgment of the Hon'ble Supreme Court in the case of Anil Ari v. State of West Bengal: (2009) 11 SCC 363, wherein the appellant had been convicted by the trail court and his application for suspension of sentence had been rejected. The Hon'ble Supreme Court directed release of the appellant on bail on considering the fact that the appellant was 70 years of age.
Having considered the facts and circumstances of the case and keeping in view the fact that persons from both the sides have received injuries in the incident; that it is said that the applicant had beaten up the injured persons with a lathi whereas the injured and his deceased father had suffered only incised wounds; that the applicant is aged about 70 years and he has no criminal history and without making any observation which may affect the merit 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.
Accordingly, this bail application is allowed.
Let the applicant Sohan Giri be released on bail in Case Crime No. 13/2022, under Sections 147/148/149/302/323/324/307 IPC, Police Station Nighasan, District Kheri on furnishing a bail bond and two sureties each in the like amount to the satisfaction of magistrate/court concerned, subject o following conditions:-
(i) the applicant shall not temper 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.
In case of breach of any of the above conditions, the prosecution shall be at liberty to move bail cancellation application before this Court.
Order Date :- 16.3.2023
Pradeep/-
