ORDER :

INDEX

• Brief Facts

• Submissions on behalf of accused-applicant

• Submissions on behalf of C.B.I.

• Submissions on behalf of informants

• Submissions on behalf of State of U.P.

• Basic principles for considering bail prayer

• Analysis of Case

• Conclusion

• Result

• Observation and Direction

1. By means of this application under Section 439 Cr.P.C., applicant-Anand Giri alias Ashok Kumar Chotiya seeks enlargement on bail in FIR No. RC-8(S)/2021/SC-III/ND, under Section 306 IPC, PS SC-III/ND, New Delhi lodged by C.B.I, Special Crime-III, New Delhi (earlier registered as Case Crime No. 322 of 2021, under Section 306 IPC at Police Station George-town, District Prayagraj).

Brief Facts

2. The facts that formed the bedrock of the instant bail application moved by accused-applicant Anand Giri alias Ashok Kumar Chotiya are that Mahant Narendra Giri (deceased) was Adyaksh, of “Akhil Bhartiya Akhada Parishad, Mahant/Head of Shri Math “Baghambari Gaddi”, Allahpur, Prayagraj and “Shri Bade/Lete Hanuman Ji Temple”, Prayagraj.

3. On 20.09.2021 at 05:30 PM, Station House Officer, police station-George Town, Prayagraj received an information on his CUG Mobile No. 9454402825 from Mobile No. 7905160834 of Sarvesh Kumar Dwivedi that Mahant Narendra Giri Maharaj has committed suicide in his room by hanging himself inside the Math. Acting on the aforesaid information, he immediately rushed to the place of incident. Meanwhile other senior officers were also informed, who also reached there. The said information was recorded in General Diary No. 51 dated 20.09.2021 of police station-George Town, Prayagraj. On arriving at the place of incident, he found that dead body of Mahant Narendra Giri Maharaj was lying on floor of the room.

Information was also given to field Unit/Crime Branch team. Shri Sunil Kumar, Additional City Magistrate-III, District Prayagraj also reached there for conducting inquest proceeding on cadaver, which commenced at 22:30 hours on 20.09.2021 and completed at 23:45 hours on the same day.

4. A hand written suicide note containing seven pages of Mahant Narendra Giri, which was kept in two open envelops, two mobile phones of the deceased, knife, bloodstained rope, four packets Sulphas (sulphate) and three DVR of CCTV camera installed at the Math etc. were recovered from the spot in the presence of witnesses, officers and forensic team by the Station House Officer, police station-George Town, Prayagraj. After perusing the suicide note, recovery memos (fard) of recovered items were prepared. Finger prints and chance prints of deceased-Mahant Narendra Giri were also taken. Recovered items were sealed at the spot. The site plan was prepared by the police and photography was also done.

5. Mahant Narendra Giri in his suicide note, has categorically held accused Anand Giri, Adhya Prasad Tiwari and Sandeep Tiwari responsible for taking extreme step to end his life. For better appreciation of the facts, the contents of suicide note are being reproduced herein below:-

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