Allahabad High Court High Court

Goswami Rajnish Giri vs State Of U.P. on 13 August, 2010

Allahabad High Court
Goswami Rajnish Giri vs State Of U.P. on 13 August, 2010
Court No. - 47

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 21747 of 2010

Petitioner :- Goswami Rajnish Giri
Respondent :- State Of U.P.
Petitioner Counsel :- Arvind Kumar Goswami,Lav Srivastava,V.P.
Srivastava
Respondent Counsel :- Govt. Advocate

Hon'ble B.N. Shukla,J.

Heard learned counsel for the applicant, learned A.G.A. for the State and
perused the record.

Learned counsel for the applicant has contended that only allegation against
the applicant is of hatching conspiracy and main allegation is against co-
accused Rahul Tyagi. The applicant is in jail since 27.5.2010.

Learned A.G.A. has contended that the applicant hatched conspiracy along
with other co-accused and then murder was committed.

The case is based on circumstantial evidence. Except allegation of
hatching conspiracy there is no other evidence against the applicant.

Considering the nature of accusation and the severity of punishment in case of
conviction and the nature of supporting evidence, reasonable apprehension of
tampering of the witnesses and prima facie satisfaction of the court in support
of the charge, the applicant is entitled to be released on bail.

Let the applicant Goswami Rajnish Giri involved in case crime no. 1138 of
2010, under section 302, 394, 34, 411, 120B IPC, P.S. Indrapuram, District
Ghaziabad be released on bail on his furnishing a personal bond with two
sureties each in the like amount to the satisfaction of the court concerned.

Order Date :- 13.8.2010
Masarrat