Court No. - 87

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 31319 of 2022

Applicant :- Sandeep Tewari

Opposite Party :- State of U.P. and Another

Counsel for Applicant :- Ravindra Kumar Pandey,Shashi Kant Shukla

Counsel for Opposite Party :- Sanjay Kumar Yadav

Hon'ble Dinesh Kumar Singh,J.

1. Despite having been taken in the revised call, no one has put in appearance

on behalf of the accused-applicant to press this bail application, however, Sri

Sanjay Kumar Yadav, learned counsel for the C.B.I. is present.

2. By means of this application under Section 439 Cr.P.C., applicant-Sandeep

Tiwari seeks enlargement on bail in FIR No. RC-8(S)/2021SBI/SC-III/New

Delhi, under Section 306 and 120B IPC PS SC-III/ND, New Delhi dated

23.9.2021 lodged by C.B.I, Special Crime-III, New Delhi (earlier registered

as Case Crime No. 322 of 2021, under Section 306 and 120B IPC at Police

Station George-town, District Prayagraj).

3. The relevant fact for decision on the instant bail application 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.

4. 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.

5. 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.

6. Mahant Narendra Giri in his suicide note, has categorically held accused

Anand Giri, Adhya Prasad Tiwari and Sandeep Tiwari, the present accused-

applicant responsible for taking extreme step to end his life.

7. A video clip titled as "20210920-132921" also recovered from the mobile

phone of Mahant Narendra Giri, which was made by deceased-Mahant

Narendra Giri himself just before his death on 20.09.2021 whereby he held

Anand Giri, Adya Prasad Tiwari and Sandeep Tiwari responsible for

committing suicide by him.

8. First Information Report of this case was registered on 21.09.2021 at 00:54

hour under Section 306 I.P.C. at Case Crime No. 322/2021, Police Station

George-town, district Prayagraj against Anand Giri on the basis of oral

complaint / information of informants-Amar Giri and Pawan Maharaj. It has

been mentioned in the F.I.R. that on 20.09.2021 as usual at about 12.30 PM,

deceased-Mahant Narendra Giri after taking lunch went for rest in his room at

"Baghambari Gaddi". He used to take tea at 3.00 PM,