# Anand Giri @ Ashok Kumar Chotiya v. State of U.P. & Anr

- **Citation:** (2022) 9 ILRA 8
- **Court:** High Court of Judicature at Allahabad
- **Decided:** 2022-09-09
- **Case number:** Criminal Misc. Bail Application No. 51323 of 2021
- **Bench:** Sanjay Kumar Singh
- **Source:** https://unisonlegal.in/judgment/allahabad-high-court/anand-giri-ashok-kumar-chotiya-v-state-of-u-p-anr-49278
- **Pages:** 28

## Headnote

G.A., Sri Anurag Kumar Singh, Sri Neeraj
Tiwari, Sri Sanjay Kumar Yadav, Sri Gyan
Prakash (Sr. Advocate), Sri Vinay Saran (Sr.
Advocate), Sri Alok Kumar, Sri Alok Kumar
Dubey, Sri Saumitra Dwivedi, Sri Vinay
Prakash Shukla, Sri Rishi Shankar Dwivedi.

(A) Criminal Law - Rejection of bail -
Indian Penal Code, 1860 - Section 107,306
- Abetment of suicide - The Code of
criminal procedure, 1973 - 161,439 - Bail -
matters of suicide - each case has to be
decided on the basis of its own facts and
circumstances - basic principle of criminal
jurisprudence - a man may tell a lie, but
circumstances do not - Even an indirect
act of incitement to the commission of
suicide would constitute the offence of
abetment of suicide.(Para - 30)

Mahant Narendra Giri nominated Anand Giri
(applicant) as his successor - after his arrest
and involvement in molestation cases in
Australia - changed his will deed - Co-accused
Adhya Prasad Tiwari was head priest at "Shri
Bade/Lete Hanuman Mandir", Prayagraj -
Mahant Narendra Giri removed Adhya Prasad
Tiwari and his son Dileep from post of Priest -
flower-garland shop taken back - Accused
persons hatched a criminal conspiracy to
tarnish
Mahant's
reputation
-
immense
mental pressure - committing suicide -
proximate link between suicide of deceased
and acts of accused persons - suicide note
and video - presumption - no one tells a lie
while dying by committing suicide - abetment
of suicide by Anand Giri and his associates,
cannot be ruled out. (Para - 29,31)

HELD:- Prima-facie case for abetment and
instigation is made out against the applicant.
Provisions of Section 107 IPC attracted. In
case, applicant released on bail, every
likelihood of winning over other witnesses and
tampering evidences. (Para -34,39)

Bail application rejected. (E-7)

List of Cases cited:-

## Text

_Characters 0–39,366 of 89,782. This is a partial read: ask again with offset=39366 for what follows._

8 INDIAN LAW REPORTS ALLAHABAD SERIES
(2022) 9 ILRA 8
APPELLATE JURISDICTION
CRIMINAL SIDE
DATED: ALLAHABAD 09.09.2022 &
19.09.2022

BEFORE

THE HON'BLE SANJAY KUMAR SINGH, J.

Criminal Misc. Bail Application No. 51323 of
2021

Anand Giri @ Ashok Kumar Chotiya
 ...Petitioner
Versus
State of U.P. & Anr. ...Opposite Parties

Counsel for the Petitioner:
Sri Vineet Vikram, Sri Imran Ullah, Sri G.S.
Chaturvedi (Senior Counsel)

Counsel for the Respondents:
G.A., Sri Anurag Kumar Singh, Sri Neeraj
Tiwari, Sri Sanjay Kumar Yadav, Sri Gyan
Prakash (Sr. Advocate), Sri Vinay Saran (Sr.
Advocate), Sri Alok Kumar, Sri Alok Kumar
Dubey, Sri Saumitra Dwivedi, Sri Vinay
Prakash Shukla, Sri Rishi Shankar Dwivedi.

(A) Criminal Law - Rejection of bail -
Indian Penal Code, 1860 - Section 107,306
- Abetment of suicide - The Code of
criminal procedure, 1973 - 161,439 - Bail -
matters of suicide - each case has to be
decided on the basis of its own facts and
circumstances - basic principle of criminal
jurisprudence - a man may tell a lie, but
circumstances do not - Even an indirect
act of incitement to the commission of
suicide would constitute the offence of
abetment of suicide.(Para - 30)

Mahant Narendra Giri nominated Anand Giri
(applicant) as his successor - after his arrest
and involvement in molestation cases in
Australia - changed his will deed - Co-accused
Adhya Prasad Tiwari was head priest at "Shri
Bade/Lete Hanuman Mandir", Prayagraj -
Mahant Narendra Giri removed Adhya Prasad
Tiwari and his son Dileep from post of Priest -
flower-garland shop taken back - Accused
persons hatched a criminal conspiracy to
tarnish
Mahant's
reputation
-
immense
mental pressure - committing suicide -
proximate link between suicide of deceased
and acts of accused persons - suicide note
and video - presumption - no one tells a lie
while dying by committing suicide - abetment
of suicide by Anand Giri and his associates,
cannot be ruled out. (Para - 29,31)

HELD:- Prima-facie case for abetment and
instigation is made out against the applicant.
Provisions of Section 107 IPC attracted. In
case, applicant released on bail, every
likelihood of winning over other witnesses and
tampering evidences. (Para -34,39)

Bail application rejected. (E-7)

List of Cases cited:-

1. Arnab Manoranjan Goswami Vs St. of
Maharashtra & ors., (2021) 2SCC 427

2.
M.Ravindran
Vs
Intelligence
Officer,
Directorate of Revenue Intelligence (2021) SCC
485

3. Geo Varghese Vs The St. of Rajasthan & Anr.
2021 SCC OnLine SC 873

4. Gurcharan Singh Vs The St. of Punj. 2020
SCC OnLine SC 796

5. The St. of W.B. Vs Indrajit Kundu & Ors.
2019 SCC OnLine SC 1364

6. Kalyan Chandra Sarkar Vs Rajesh Ranjan
Alias Pappu Yadav & anr. (2004) 7 SCC 528

7. Chenna Boyanna Krishna Yadav Vs St. of
Maharashtra & Anr. (2007) 1 SCC 242

8. Praveen Pradhan Vs St. of Uttranchal & Anr.
(2012) 9 SCC 734

9. St. of Kerala & Ors. Vs S.Unnikrishnana Nair
& Ors. (2015) 9 SCC 639.

10. Ude Singh & Ors. Vs St. of Harayana (2019)
17 SCC 301
9 All. Anand Giri @ Ashok Kumar Chotiya Vs. State of U.P. & Anr.
9
(Delivered by Hon'ble Sanjay Kumar
Singh, J.)

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. RC8(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 stationGeorge 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:-

मैं महन्त नरेन्द्र गिरी, मठ बाघम्बरी
िद्दी बडे हनुमान मंगिर (लेटे हनुमान जी)
वर्तमान में अध्यक्ष अखिल भारर्ीय अिाडा
पररषि अपने होशो हवास में बैिेर गिसी िबाव
में यह पत्र गलि रहा हं जब से आनन्द गिरी ने
मेरे ऊपर असत्य गमथ्या मनिढंर् आरोप लिाया
र्ब से मैं मानगसि िबाव में जी रहा हं जब भी मैं
एिान्त में रहर्ा हं मर जाने िी इच्छा होर्ी है।
10 INDIAN LAW REPORTS ALLAHABAD SERIES
आनन्द गिरी अध्या प्रसाि गर्वारी उनिा लडिा
संिीप गर्वारी गमलिर मेरे साथ गवश्वास घार्
गिया मुझे जान से मारने िा प्रयास गिया सोसल
गमडीया फैस बुि एवं समाचार पत्रों में आनन्द
गिरर ने मेरे चररत्र िे ऊपर मनिढन्त आरोप
लिाया मैं मरने जा रहा हं सत्य बोल ंिा मेरा घर
से िोई सम्बन्ध नहीं है मैंने एि भी पैसा घर पर
नहीं गिया मैंने एि एि मंगिर एवं मठ में लिाया
2004 में मैं महन्त बना 2004 से मैंने मैंने अभी
जो मठ एवं मंगिर िा गविास गिया सभी भक्त
जानर्े हैं। आनन्द गिरर द्वारा जो भी आरोप
लिाया िया उससे मेरी एवं मठ मंगिर िी
बिनामी हुई मैं बहुर् आहर् हं मैं आत्म हत्या
िरने जा रहा हं मेरे मरने िी सम्प र्त गजम्मेिारी
आनन्द गिरी अधा प्रसाि गर्वारी जो मंगिर में
पुजारी है अधा प्रसाि गर्वारी िा बेटा सन्दीप
गर्वारी िी होिी। मैं समाज में हमेशा शान से
गजया लेगिन आनन्द गिरर मुझे िलर् र्रीिे से
बिनाम गिया गप्रय बलबीर गिरी ओम नमो
नारायर् मैं र्ुम्हारे नाम एि रगजस्टर वशीयर्
िी है गजसमें मेरे ब्रम्हलीन (मरने िे बाि) हो
जाने िी बाि र्ुम बडे हनुमान मखन्दर एवं मठ
बाघम्बरी िद्दी िी महन्त बनोिे र्ुमसे मेरा एि
अनुरोध है गि मेरी सेवा लिे गवद्याथी जैसे
गमगथलेस पाण्डे, रामिृष्ण पाण्डेय, मनीष
शुक्ला, गशवेि िुमार गमश्रा, अगभषेि गमश्रा,
उज्जवल गद्ववेिी, प्रजवल गद्ववेिी, अभय गद्ववेिी
गनभतय गद्ववेिी, सुगमर् गर्वारी िा ध्यान िेना गजस
र्रह से मेरे समय में रह रहे हैं उसी र्रह से
र्ुम्हारे समय में रहिें इन सभी िा ध्यान िेना
उपरोक्त सभी गजनिा मैंने नाम गलया है र्ुम
लोि भी हमेशा बलवीर गिरी महराज िा सम्मान
िरना गजस र्रह से हमेशा मैं सेवा एवं मठ िी
सेवा गिया उसी र्रह से बलबीर गिरर महराज
एवं मठ मखन्दर िी सेवा िरना वैसे हमें सभी
गवद्याथी गप्रय हैं। लेगिन मनीष शुक्ला, गशवेि
गमश्रा, अगभषेि गमश्रा मेरे अगर् सगप्रय है।
िोरोना िाल जब मुझे िोरोना हुआ मेरी सेवा
सुगमर् गर्वारी मेरी सेवाि िी मंगिर में माला
फ ल िी िुिान मैंने सुगमर् गर्वारी िो गिराय
नामा रगजस्टर गिया है गमगथलेष पाण्डे िो श्री
बडे हुना रूपा इम्मोररयम िी िुिान गिराये पर
िी है। मनीष शुक्ला गशवेि गमश्रा, अगभषेि
गमश्रा िो िुिान नं०-1 लड्ड िी िुिान गिराये
में िी है रामिृष्ण पाण्डेय (रोन ) उजवल गद्ववेिी
उजवल गद्ववेिी िो िुिान नं०- 2 जो हाल िे
अन्दर है गिराये पर िी है रजनीश पाण्डेय बाल
िृष्ण पाण्डेय िो श्री बडे हनुमान मखन्दर श्रंिार
िी िुिान गिराये पर िी है अगभय गद्ववेिी िो श्री
बडे हनुमान स िा प्रसाि िी गिराये पर िी है।
अभय गद्ववेिी लड्ड नहीं बेच सिर्े है। अमर
गिरी मंगिर िी व्यवस्था िरर्े रहेंिे आनन्द गिरी
मेरी समागध में भाि नहीं ले सिर्े मेरे मृत्यु
शरीर िो छ नहीं सिर्े बलवीर गिरर र्ुमसे एि
अनुरोध है गि आनन्द गिरर िो िभी भी मठ में
एवं मखन्दर में नहीं रिना यह बहुर् ही िर्रनाि
व्यखक्त है। अधा प्रसाि गर्वारी पर िभी गवश्वास
नहीं िरना पवन पुजारी वफािार व्यखक्त है।
पवन र्ुमसे गनवेिन है गि गजस र्रह से मेरी एवं
मखन्दर मठ िी सेवा िी है उसी र्रह से सेवा
िरर्े रहना श्री हनुमान जी र्ुम्हे िभी िष्ट नहीं
िेंिे बलबीर गिरर मेरी समागध बाघम्बरी िद्दी मठ
में गिया जाय यही मेरी इच्छा है। सभी मेरे
गशष्यिर् भक्तजन प्रयािवासी एवं मंगिर मठ िे
िमतचारी मुझे माफ िरना सभी गवद्याथी माफ
िरना मैं मजब र हं आनन्द गिरी ने मुझे मजब र
गिया मैं इसगलए आत्महत्या िर रहा हं सभी
पुजारी िड िमतचारी मठ िे सभी गवद्याथी िड
िमतचारीिड िो मेरा ओम नमो नारार् मेरे
िमरे िी चाभी बलवीर गिरर महराज िे गिया
जाय बलबीर गिरर मेरी समाधी पाित में गनबु िे
पेड िे पास गि जाये यही मेरी अखन्तम इच्छा है
धनन्जय गवद्याथी मेरे िमरे िी चाभी बलबीर
गिरर महाज िो िेना बलवीर गिरर एवं पन्च
परमेश्वर गनवेिन िर रहा हं। मेरी समागध पाित
में नीबु िे पेड िे पास लिा िेना मैं महन्त नरेन्द्र
गिरी वैसे र्ो मैं 13 गसर्म्बर 2021 िो आत्म
हत्या िरने जा रहा था लेगिन गहम्मर् नहीं िर
9 All. Anand Giri @ Ashok Kumar Chotiya Vs. State of U.P. & Anr.
11
पाया आज जब हररद्वार से स चना गमली गि एि
िो गिन में आनन्द गिरी िम्प्य टर िे माध्यम से
मोबाइल से गिसी लडिी या मगहला मेरी फोटो
लिािर िे िलर् िाम िरर्े हुए फोटो वायरल
िर िेिा मैंने सोचा िहा िहा सफाई ि ंिा एि
बार र्ो बिनाम हो जाऊंिा मैं गजस पि पर हं
वह पि िररमामी पि है। सच्चाई र्ो लोिो िो
बाि में पर्ा चल जायेिा लेगिन मैं र्ो बिनाम हो
जाउिा इसगलए मैं आत्म हत्या िरने जा रहा हं
गजसिी गजम्मेिारी आनन्द गिरर, आधा प्रसाि
गर्वारी एवं उनिा लडिा संिीप गर्वारी िी
होिी मैं महन्त नरेन्द्र गिरर आज मेरा मन आनन्द
गिरर िे िारर् गवचगलर् हो िया हररद्वार से ऐसी
स चना गमली आनन्द िम्पय टर िे माध्यम से
एि लडिी साथ मेरी फोटो जोडिर िलर्
िाम िरर्े हुए बिनाम िरेिा। आनन्द गिरर िा
िहना है महाराज यागन मैं िहा र्ि सफाई िेर्े
रहेिे मैं गजस सम्मान से जी रहा हं अिर मेरी
बिनामी हो ियी र्ो मैं समाज में िैसे रहंिा इस
अच्छा मर जाना ही ठीि है। आज मैं आत्म हत्या
िर रहा हं गजसिी प री गजम्मेिारी आनन्द गिरर,
आधा प्रसाि गर्वारी जो पहले प्रभारी व उनिो
मैंने गनिाल गिया और संिीप गर्वारी S/O अधा
प्रसाि गर्वारी िी होिी वैसे मैंने पहले ही आत्म
हत्या िरने जा रहा था लेगिन गहम्मर् नहीं िर
पा रहा था एि आईडीयो िैसेट आनन्द गिरी
जारी गिया था गजससे मेरी बिनामी हुई आज
गहम्मर् हार िया और आत्म हत्या िरा हं
2500000 पच्चीस लाि रूपया अगित्य गमश्रा से
एवं 2500000 पच्चीस लाि शैलेन्द्र गसंह सेिर
ररयल एस्टेट से मािर्ा हं। मेरी समाधी िद्दी में
िुरूजी (महन्त भिवान जी) िे बिल में गनबु िे
पेड िे पास गिया जाय इससे मैं ि िी होिर
आत्म हत्या िरने िा गनर्तय लेिर आत्म हत्या
िरने जा रहा हं मेरी मौर् िी गजम्मेिारी आनन्द
गिरी अधा प्रसाि गर्वारी संिीप गर्वारी S/O
अधा प्रसाि गर्वारी िी होिी प्रयािराज िे सभी
पुगलस अगधिारी एवं प्रशासगनि अगधिाररयों से
अनुरोध िरर्ा हं मेरे आत्म हत्या िे गजम्मेिारी
उपरोक्त लोिो िे िान नी िायतवाही िी जाये।
गजससे मेरी आत्मा िो शाखन्त गमले। गप्रय बलवीर
मेरे मठ मखन्दर िी व्‍यवस्‍था प्रयास िरना गजस
र्रह से मैंने गिया इसी र्रह से िरना गि०
आशुर्ोष गिरर गि गनर्ेश गिरर एवं मढी िी सभी
महात्मा बलवीर गिरर िा सहयोि िरना परम
प ज्य महन्त हररिोगवन्द पुरी एवं से गनवेिन है गि
मढी िा महन्त बलवीर गिरर िो बनाना महन्त
रगबन्द्र पुरर जी (सजावर मढी) आपने हमेशा
साथ गिया मेरे मरने िे बाि बलवीर गिरी िा
ध्यान िीगजएिा सभी िो मेरा ओम नमो नारायर्
महन्त नरेन्द्र गिरी।

6. A video clip titled as "20210920132921" 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.
The
transcription of the video clip is reproduced
herein under:-

मैं महंर् नरेन्द्र गिरी, आनंि गिरी िे
िारर् आत्महत्या िरने जा रहा हं, आनंि गिरी
िे िारर् मेरी बडी बिनामी हुई, िलर् आरोप
लिाये िये, जो असत्य है। अभी िुछ गिन पहले
समाचार आया गि आनंि गिरी मेरी फोटो-िांड
गिसी लडिी िे साथ िलर् िाम िरर्े हुये मुझे
बिनाम िरने, िरेिा, लोि-बाि, मेरा नाम बडा
है, पि बडा है। ये लोि मुझे बिनाम िर िेिे,
सच्चाई र्ो बाि में आयेिी, सच्चाई लोि बाि में
जानेिे, इसगलए मर जाना ही ठीि है। मैं सभी
संर् महात्माओं से बाघम्बरी िद्दी िे सभी
गवद्यागथतयों से, सभी िमतचाररयों से, जो मेरे प वत
गवद्याथी है उनसे भी क्षमा मांिर्ा हं। अपनी
जीवन लीला समाप्त िरर्ा हं। िुि हमिो भी है
लेगिन बिनामी से मर जाना ही ठीि है। यही
गनर्तय मैंने गलया है और आत्महत्या िरने जा
12 INDIAN LAW REPORTS ALLAHABAD SERIES
रहा हं। गजसिी गजम्मेिारी आनंि गिरी, हमारे
मंगिर िे प वत पुजारी गजसिो में हटा गिया है
आध्या प्रसाि गर्वारी, उनिा लडिा संिीप
गर्वारी क्ोंगि ये सब िडयंत्र में शागमल है।
आनंि गिरी, आध्या प्रसाि पुजारी जो हमारे यहां
गर्वारी पुजारी है उनिा लडिा संिीप गर्वारी ये
सब िडयंत्र में शागमल है इन लोिो ने मुझे
बिनाम िरने िा प्रयास गिया। उसिी
गजम्मेिारी आनंि गिरी िी होिी, आध्या प्रसाि
िी होिी, संिीप गर्वारी िी होिी। मैं बहुर्
मजब र हं इसगलए मैं अब आत्महत्या िरने जा
रहा हं।

7. 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, but on that date
Mahant Narendra Giri had told that he will
not take tea and he informs them in case he
wishes to have tea. When no information
was received from Mahant Narendra Giri
by 5.00 PM, complainant telephoned him,
but his mobile was switched off. The FIR
further alleges that on knocking the door,
when no response was noticed, the door
was forcefully opened by Sumit Tiwari,
Sarvesh Kumar Dwivedi, Dhananjay and
other disciples and Mahant Narendra Giri
was found hanging from the ceiling fan of
the room. To explore the possibility of his
life, he was brought down by the disciples
by cutting the rope, but by that time
Mahant Narendra Giri has left for his
heavenly abode. It was also mentioned in
the FIR that Mahant Narendra Giri was
disturbed for the last few months due to
Anand Giri. Some times he himself used to
say that Anand Giri keeps troubling and
harassing him a lot.

8. On the basis of suicide note and
video of Mahant Narendra Giri (deceased),
which
have
been
quoted
above,
involvement of Adya Prasad Tiwari and his
son Sandeep Tiwari also came into light
along with Anand Giri, therefore, they have
also been made accused in this case. After
the said incident, Crime Branch of district
Prayagraj received an information that
Anand Giri surrendered at police stationGalheri, district Saharanpur, thereafter he
was brought to Prayagraj and his statement
was recorded by the investigating officer of
the police. The applicant-Anand Giri and
Adya Prasad Tiwari were arrested on
21.09.2021 at 8.15 PM and Sandeep Tiwari
was arrested on 22.09.2021 at 19.30 hours
from Roadways Bus Stand, Civil Lines,
Prayagraj.

9. The statements under section 161
Cr.P.C of the informants Amar Giri and
Pawan Maharaj were recorded by the
investigating officer of the police on
21.09.2021. Amar Giri supported the
contents of F.I.R. and Pawan Maharaj has
also supported the F.I.R stating inter alia
that Mahant Narendra Giri was disturbed
for the last few months due to the
behaviour of Anand Giri. He used to say
that he has been disturbed by Anand Giri
who is making effort to defame him.
Suicide note is in the hand writing of
Mahant Narendra Giri, wherein he has
mentioned that accused Anand Giri, Adya
Prasad Tiwari and Sandeep Tiwari under a
conspiracy, harassed and trying to defame
him by making his obscene morphed video
with a girl through computer. The statement
9 All. Anand Giri @ Ashok Kumar Chotiya Vs. State of U.P. & Anr.
13
of co-accused Sandeep Tiwari was also
recorded on 22.09.2021.

10. Post-Mortem of the dead body of
the deceased (Mahant Narendra Giri) was
conducted by the Medical Board of five
doctors on 22.09.2021 from 07:45 AM to
08:50 AM. Videography of the PostMortem was also done by Prayagraj police.
The cause of death, as per Post-Mortem
report is due to "asphyxia as a result of
ante-mortem hanging".

11. Thereafter vide notification dated
23.09.2021 of Ministry of Personnel,
Public
Grievances
and
Pension
(Department of personnel and Training),
Government of India, investigation of this
case was transferred to Central Bureau of
Investigation, hereinafter referred to as
"CBI". Thereafter, CBI re-registered the
case
at
RC8(S)/2021/CBI/SC-III/New
Delhi. Investigation of the case has been
done by Mr. K.S. Negi, Additional
Superintendent of Police CB/SC-III/ New
Delhi.

12. Apart from aforesaid suicide note
of deceased-Mahant Narendra Giri, details
of other relevant audios and videos were
recovered during investigation, which have
been brought on record of this case and
referred during the course of the argument
by the learned counsel appearing on behalf
of C.B.I. are as under:-

(i)
Video
clip
dated
19.09.20
21
of
Mahant
Narendra
Giri
titled as
2021091
9_19234
recovered
from
mobile
phone
of
deceased
Mahant
Narendra Giri
Annexure
no.09
to the paper book
5
(learning
how
to
prepare
video)
(ii)
Video
clip
dated
19.09.20
21
of
Mahant
Narendra
Giri
titled as
2021091
9_20145
2
(learning
how
to
prepare
video)
recovered
from
mobile
phone
of
deceased
Mahant
Narendra Giri
Annexure
no.21
to the paper book
(iii) Video
clip
dated
20.09.20
21
of
Mahant
Narendra
Giri
titled as
2021092
0_13290
7 (before
committi
ng
suicide)
recovered
from
mobile
phone
of
deceased
Mahant
Narendra Giri
Annexure
no.21
to the paper book
(iv)
Video
clip
dated
20.09.20
21 titled
as
2021092
0_13292
1 (made
by
the
decease
d
Mahant
Narendr
a
Giri
before
committ
ing
suicide
making
allegatio
n
against
accused
Recovered
from
Samsung
mobile
phone
of
deceased
Mahant Narendra Giri

Annexure no. 9 to
the paper book
14 INDIAN LAW REPORTS ALLAHABAD SERIES
Anand
Giri,San
deep
Tiwari
and
Adya
Prasad
Tiwari)
(v)

Audio
clip
(convers
ation
between
Purrusho
tam
Mishra
and
Ashish
Mishra
@
Lavkush
Mishra)
titled as
AUD20210522WA0012
Recovered
from
mobile
phone
of
Purrushotam Mishra
Annexure no. 17
to the paper book
(vi)
Audio
clip
(convers
ation
between
Mahant
Narendra
Giri and
Anand
Giri)
titled as
2021052
3
162514
Recovered
from
mobile
phone
of
accused Anand Giri

Annexure no. 19
to the paper book
(vii) Audio
clip
(convers
ation
between
Mahant
Narendra
Giri and
Anand
Giri)
titled as
2021052
3
162923
Recovered
from
mobile
phone
of
accused Anand Giri
Annexure no. 19
to the paper book
(viii
)

Audio
clip
(convers
ation
Recovered
from
mobile
phone
of
accused Anand Giri
Annexure no. 19
to the paper book
between
Mahant
Narendra
Giri,
Anand
Giri and
Ravindra
Puri)
titled as
2021052
3
163025
(ix)

Audio
clip
(convers
ation
between
Anand
Giri with
two
others
A&
B)
titled as
2021061
8
195140
Recovered
from
mobile
phone
of
accused Anand Giri
Annexure no. 19
to the paper book
(x)

Audio
clip
(convers
ation
between
Anand
Giri,
Shri
Indu
Prakash
Mishra
and Shri
Sushil
Mishra)
titled as
"202001
17
191026"
Recovered
from
mobile
phones
of
accused Anand Giri
Annexure no. 20
to the paper book
(xi)
Audio
clip
(convers
ation
between
Anand
Giri,
Shri
Indu
Prakash
Mishra
and Shri
Sushil
Mishra)
titled as
"202001
Recovered
from
mobile
phones
of
accused Anand Giri
Annexure no. 20
to the paper book
9 All. Anand Giri @ Ashok Kumar Chotiya Vs. State of U.P. & Anr.
15
17
192332"
(xii) Audio
clip
(convers
ation
between
Anand
Giri,
Shri
Indu
Prakash
Mishra
and Shri
Sushil
Mishra)
titled as
"202001
17
192648"
Recovered
from
mobile
phones
of
accused Anand Giri
Annexure no. 20
to the paper book
(xiii
)

Audio
clip
(convers
ation
between
Anand
Giri,
Shri
Indu
Prakash
and Shri
Sushil
Mishra)
titled as
"202001
17
193449"
Recovered
from
mobile
phones
of
accused Anand Giri
Annexure no. 20
to the paper book
(xiv)

Video
clip
(convers
ation
between
Anand
Giri and
Shri Om
Prakash
Pandey)
titled as
"202106
20_2107
47"
Recovered
from
mobile
phones
of
accused Anand Giri
Annexure no. 20
to the paper book
(xv)

Audio
clip
(convers
ation
between
anand
Giri and
Shri
Recovered
from
mobile
phones
of
accused Anand Giri
Annexure no. 20
to the paper book
Sushil
Kumar
Mishra)
titled as
"PTT2021052
3WA0087
"

13. During investigation, statements
of about 120 persons were recorded by the
investigating officer, out of which relevant
statements of Manish Shukla, Sarvesh
Kumar Dwivedi, Dhananjay Tiwari, Sumit
Tiwari, Sandeep Tiwari, Mahant Ravindra
Puri, Purroshotam Mishra, Ashish Mishra,
Indu Prakash Mishra, Sushil Mishra, Om
Prakash, Balbir Giri, Satuwa Maharaj,
Abhishek Mishra, Shailendra Singh, Arvind
Kumar, Shailesh Modi and Hasim Ali have
been brought on record along with the bail
application.

14. Bail application of the applicantAnand Giri was rejected on 11.11.2021 by
learned Special Judge (EC Act), Allahabad.

15.

Investigating
officer
after
recording the statement of the witnesses
and collecting other material evidences
submitted charge sheet dated 20.11.2021
against accused Anand Giri (applicant),
Adhya Prasad Tiwari and Sandeep Tiwari
for the offence under sections 120 B and
306 IPC with the observation in para 16.40
of
the
charge
sheet
that
further
investigation in respect of other aspects of
the
case
is
in
progress.
Further
investigation report, if necessary, along
with the opinion of experts shall be filed in
due course. Hence investigation in this
regard is kept open u/s 173(8) Cr.P.C.

16. Heard Mr. Gopal Swaroop
Chaturvedi,
learned
Senior
Counsel
assisted by Mr. Vineet Vikram and Mr.
16 INDIAN LAW REPORTS ALLAHABAD SERIES
Imran Ullah, learned counsel for the
applicant, Mr. Shiv Kumar Pal, learned
Government Advocate for the State of U.P.,
Mr. Anurag Kumar Singh, learned counsel
appearing on behalf of the CBI and Mr.
Niraj Tiwari, learned counsel for the
informants/complainants at length.

Submissions on behalf of accusedapplicant

17. Mr. G.S. Chaturvedi learned
Senior Counsel appearing on behalf of the
applicant made the following submissions:

17.1. Applicant on account of
dispute with deceased-Mahant Narendra
Giri had left Prayagraj in March, 2021 and
shifted to Haridwar and thereafter, he was
neither concerned with the deceased nor
with the Math "Baghambari Gaddi", at
Prayagraj, rather was concentrating at
Haridwar with his disciples.

17.2. The last interaction between
the applicant and the deceased-Mahant
Narendra Giri was on 26 May 2021 in
Lucknow, when compromise took place
between them and after compromise all the
issues were buried, as such there is no
proximity between the interaction of the
applicant with the deceased and the suicide
committed
by
the
deceased
on
20
September 2021.

17.3. After 26 May, 2021, there
was no conversation between Anand Giri
and the deceased-Mahant Narendra Giri.
Even on the day of "Guru Purnima" on
24.07.2021 also Anand Giri did not come to
Prayagraj to meet Mahant Narendra Giri.

17.4. The Investigating Officer in
the most superficial manner filed chargesheet against the applicant only on the basis
of suicide note and video made by the
deceased before his death, in which no
source of information has been disclosed
by the deceased that who gave information
to him that "tomorrow applicant-Anand
Giri, in order to defame him, will viral his
morphed obscene video with a girl in an
objectionable position".

17.5. Mr.Chaturvedi referring the
statement of Mahant Santosh Dass @ Satua
Baba emphasized a lot that deceasedMahant
Narendra
Giri
during
his
conversation with Mahant Santosh Dass @
Satua Baba also did not disclose the source
of aforesaid information received to him
against the applicant Anand Giri, therefore,
there is no direct evidence against the
applicant regarding abetment to commit
suicide by the deceased. It is also submitted
that in the suicide note and video of
Mahant
Narendra
Giri,
imaginary
allegations have been levelled against the
applicant-Anand Giri.

17.6. It is next submitted that at
no point of time the applicant had ever
asked Ravindra Puri or any other person to
play or show any disputed audio or video in
front of the deceased. The applicant had
forwarded the audio clip of conversation
between Purrushotam Mishra and Ashish
Mishra @ Lavkush Mishra titled as "AUD2021-0522-WA0012" to Ravindra Puri only
to demonstrate that the disciples who were
living
in
"Baghambari
Math"
with
deceased-Mahant
Narendra
Giri
were
talking in such an indecent language behind
him and the persons who were closely
associated with Math are not trustworthy.

17.7. The applicant who is
presently aged about 41 years is a Religious
and Spiritual Guru and a Saint by
profession. Earlier, he was a member of
"Bade/Lete Hanuman Mandir" in Prayagraj
and
was
also
a
member
of
Math
"Baghambari Gaddi". He has also been
actively espousing a series of public causes
including 'Ganga Seva Campaign' and has
also formed "Ganga Sena" for rejuvenation
9 All. Anand Giri @ Ashok Kumar Chotiya Vs. State of U.P. & Anr.
17
of river Ganga which has no concern with
Math "Baghambari Gaddi".

17.8. In May, 2019, when the
applicant went to Sydney, Australia for a
religious
program,
he
was
falsely
implicated there under conspiracy in two
molestation cases and was arrested on
07.05.2019 in order to malign his image
and reputation. Referring the letter dated
11.09.2019 of Solicitor of legal firm-
"Christopher Levingston & Associates Pty
Ltd, Sydney" (filed as Annexure no. 1 to
the second supplementary affidavit ), it is
submitted that charges of molestation
against applicant had been dropped and
applicant was acquitted by the local court
in Parramatta, Australia. Here it is relevant
to mention that order of alleged acquittal of
the applicant has not been filed by the
applicant.

17.9. The prosecution has comeup with a case that applicant was
blackmailing the deceased due to which he
has committed suicide, however, the CBI
has failed to bring on record any audio,
video
or
documentary
or
electronic
evidence
which
can
substantiate
the
prosecution case.

17.10. There is no direct evidence
against the applicant that he got a fake /
morphed obscene videos of the deceased
with a women prepared through computer
and was going to viral the same.

17.11.
The
deceased
has
committed suicide due to some other
reason, but applicant has been falsely
implicated in this case only because of
internal rivalry and politics going on in the
Math "Baghambari Gaddi", Prayagraj.

17.12. Referring the statement
dated 21.10.2021 of one Hashim Ali, it is
pointed out that Hashim Ali in his
statement has stated that on 12.09.2021
Mahant Narendra Giri called him and asked
to format the CCTV camera. Accordingly
he formatted the CCTV camera on the
direction of deceased-Mahant Narendra
Giri. On the strength of said statement, it is
argued that deceased deliberately got the
CCTV camera formatted, so that after his
death anyone else could not know his
activities/misdeed.

17.13. Lastly, it submitted that no
offence of instigation and abetment is made
out against the applicant-Anand Giri, who
is languishing in jail since 21.09.2021,
therefore he is liable to be released on bail.

18. Here it is relevant to mention that
though several other grounds have been
taken in the bail application but except the
aforesaid submissions, no other point has
been pressed by Mr. Chaturvedi, learned
counsel for the applicant.

19. In support of his submissions, Mr.
Chaturvedi, learned Senior Counsel for the
applicant
placed
reliance
upon
the
following judgments:-

i. Arnab Manoranjan Goswami
vs. State of Maharashtra and others, (2021)
2SCC 427

ii. M.Ravindran vs. Intelligence
Officer,
Directorate
of
Revenue
Intelligence (2021) SCC 485

iii. Geo Varghese vs. The State of
Rajasthan & Anr. 2021 SCC OnLine SC
873

iv. Gurcharan Singh vs. The State
of Punjab 2020 SCC OnLine SC 796

v. The State of West Bengal vs.
Indrajit Kundu & Ors. 2019 SCC OnLine
SC 1364

Submissions on behalf of C.B.I.

20. Mr. Anurag Kumar Singh, learned
counsel appearing on behalf of the C.B.I,
by refuting the aforesaid submissions of
18 INDIAN LAW REPORTS ALLAHABAD SERIES
Mr. Chaturvedi, learned counsel for the
applicant, argued that the facts and
circumstances of the case as revealed from
the investigation including the suicide note
and dying declaration of Mahant Narendra
Giri as reflected from the contents of his
video titled as "20210920_132921" dated
20.09.2021 irresistibly established that
accused
persons
namely Anand
Giri
(applicant), Adhya Prasad Tiwari and
Sandeep
Tiwari
hatched
a
criminal
conspiracy to create circumstances with a
motive to compel/force the deceasedMahant Narander Giri to commit suicide so
that they may be able to achieve their ill
object. Mr. Anurag Kumar Singh stretching
his argument referred several facts and
materials collected by the investigating
officer as mentioned in the charge-sheet
and other documents on record, which are
as follows:-

20.1. The applicant is named
accused in the FIR lodged by Amar Giri
and Pawan Maharaj, who have stated in the
FIR that the deceased was disturbed due to
harassment caused by the applicant, and he
(deceased) had himself said this number of
times. The first informant Amar Giri has
reiterated in his statement recorded under
Section 161 Cr.P.C that deceased-Mahant
Narendra Giri used to say that the
applicant-Anand
Giri
was
persistently
harassing him.

20.2.
The
suicide
note
of
deceased-Mahant
Narendra
Giri
was
recovered from the spot of crime by the
police which mentioned in details the
harassment, false allegation and character
assassination by the applicant and his
associates due to which deceased-Mahant
Narendra Giri was under acute mental
agony and committed suicide. Hand writing
of deceased on the suicide note has been
established by witnesses as well as by
Central
Forensic
Science
Laboratory
(CFSL), New Delhi.

20.3. In the suicide note of the
deceased-Mahant Narendra Giri, it is
mentioned that on the date of incident, he
received information from Haridwar that
his morphed photographs with a woman in
compromising position is going to be
circulated by the applicant-Anand Giri.
Realizing that his reputation would be
tarnished by the time the falsity of the
allegations and such photographs would be
established, he committed suicide.

20.4. After the incident a selfmade video clip of the deceased was also
recovered from his mobile phone in which
also he has clearly mentioned that his
image has been tarnished due to false
allegations
made
previously
by
the
applicant
and he
has
also
received
information recently that the applicant is
going to circulate his morphed photographs
with a woman in order to malign his image.
Mahant Narendra Giri has also stated in the
video clip that the truth would come to
surface after investigation, but during this
period his image would be tarnished due to
which he thought of taking this extreme
step to commit suicide to avoid loss of his
reputation in the society and held Anand
Giri (applicant), Adya Prasad Tiwari and
Sandeep
Tiwari
responsible
for
this
extreme step. In the above-mentioned
video, Mahant Narendra Giri and his voice
was also got identified by various witnesses
who had met / talked to the deceased.

20.5.
During
investigation
a
conversation between Purushottam Mishra
and Lav Kush has been recovered by the
investigation
officer.
In
the
said
conversation, allegations have been made
that the deceased had illicit relations with a
woman. This conversation was shared by
Purshottum
Mishra
with
co-accused
Sandeep Tiwari, who forwarded it to the
9 All. Anand Giri @ Ashok Kumar Chotiya Vs. State of U.P. & Anr.
19
applicant- Anand Giri and thereafter Anand
Giri forwarded it to Mahant Ravindra Puri,
the Secretary of Niranjani Akhada knowing
fully well that he would bring it to the
notice of deceased-Mahant Narendra Giri.
This act of the applicant-Anand Giri
established that he compelled Mahant
Narendra Giri to commit suicide using the
conversation as a tool that could tarnish his
image. Mahant Ravindra Puri in his
statement recorded under Section 161
Cr.P.C has admitted that on 23.05.2021, the
applicant forwarded an audio clip of the
conversation between Purshottum Mishra
and Ashish Mishra @ Lav Kush to him,
which he had forwarded to Sumit Tiwari,
the Sewadar/disciple of deceased-Mahant
Narendra Giri.

20.6. The said conversation had
been prepared by Purushottam Mishra, who
is a close associate of Sandeep Tiwari, who
was appointed as the District president of
"Ganga Sena" Prayagraj by the applicantAnand Giri, which demonstrates that he is a
very close confidant of applicant-Anand
Giri.

20.7. Purushottam Mishra in his
statement under Section 161 CrPC has
stated that he had prepared the recording of
the conversation with Lav Kush Mishra on
the
instructions
of
Sandeep
Tiwari.
Referring the statement of Ashish Mishra
@ Lav Kush Mishra, it is pointed out that
he in his statement clearly stated that the
allegations made against deceased-Mahant
Narendra Giri in his conversation with
Purushottam Mishra are totally false.

20.8. The false allegations were
circulated by the applicant and his
associates which establish the fact that the
applicant intended to pressurize Mahant
Narendra Giri so that he may succumb to
the pressure.

20.9.
During
investigation,
several
comments,
chats,
texts
and
malicious allegations against deceasedMahant Narendra Giri which were put on
social media by the associates/supporters of
Anand Giri on his directions were also
collected/recovered by the investigating
officer, which are clearly suggestive of ill
motive of Anand Giri.

20.10.
During
triangular
conversations
between
the
applicant,
Mahant
Narendra
Giri
and
Mahant
Ravindra Puri of Niranjani Akhada, threat
was also extended by the applicant to
deceased-Mahant Narendra Giri saying that
he was in possession of audio and video
clips which, in case, are seen by deceasedMahant Narendra Giri, he would be
shocked. The transcript of this conversation
was recovered from the mobile phone of
the applicant-Anand Giri. During said
conversation, deceased-Mahant Narendra
Giri realized that by levelling false
allegations against him on social media, the
applicant was making an attempt to grab
the seat of Head of ''Bagambhari Gaddi'.

20.11. There is sufficient crystal
clear evidence against Anand Giri to
establish that he has committed the offence
in question. It is also evident on record that
earlier also Mahant Narendra Giri made an
attempt to commit suicide.

20.12. During May, 2019, Anand
Giri visited Australia and he was arrested
on 5th May 2019 in a molestation case, for
which he remained in police custody.
Mahant Narendra Giri sent huge amount
and also used his political connections, as a
result thereof, Anand Giri was released
from custody and returned to India safely.

20.13. It is further submitted that
during pendency of this bail application,
the
informants
filed
affidavit
dated
03.07.2022 mentioning inter alia that they
do not want to make any comment in the
matter and want to take F.I.R. back, which
clearly indicates that they have been won
20 INDIAN LAW REPORTS ALLAHABAD SERIES
over from the side of accused persons. It is
also pointed out that in similar manner
molestation cases against the applicantAnand Giri were dropped in Australia on
account of withdrawal of complaint by the
complainants.

20.14. Lastly, on the strength of
aforesaid facts, it is prayed that considering
the gravity of the offence where a Head of
a Religious Monastic Order has been
compelled to commit suicide by the
applicant-Anand Giri in order to satisfy his
lust for power, the applicant is not entitled
to be released on bail. The charge sheet has
been submitted in this case and 19.09.2022
is the date fixed before the trial court for
framing the charges. The bail application of
the applicant is liable to be rejected.

20.15. Anand Giri has put the
pious relationship of "guru" and "chela" on
shame because in this case, unfortunately, a
guru had to commit suicide because of his
disciple, which is a very rare case.

21. Learned counsel for the CBI
placed
reliance
upon
the
following
judgments:

i- Kalyan Chandra Sarkar vs.
Rajesh Ranjan Alias Pappu Yadav and
another (2004) 7 SCC 528

ii- Chenna Boyanna Krishna
Yadav vs. State of Maharashtra and
Another (2007) 1 SCC 242

iii- Praveen Pradhan vs. State
of Uttranchal and Another (2012) 9 SCC
734

iv- State of Kerala and Others
vs. S.Unnikrishnana Nair and Others
(2015) 9 SCC 639.

v- Ude Singh and Others vs.
State of Harayana (2019) 17 SCC 301

Much emphasis has been given by
the learned counsel for the CBI in paragraph
18 of thecase of State of Kerala and Others
vs. S. Unnikrishnana Nair and Others
(Supra), , which is reproduced herein below:-

"18.......................we are compelled
to recapitulate the saying that suicide reflects
a "species of fear". It is a sense of defeat that
corrodes the inner sould and destroys the will
power and forces one to abandon one's own
responsibility. To think of self-annililation
because of something which is disagrreable
or intolerable or unbearable, especially in a
situation where one is required to perform
public duty, has to be regarded as a nonvaliant attitude that is scared of the
immediate
calamity
or
self-perceived
consequence......................."

Submissions
on
behalf
of
informants

22. Mr. Niraj Tiwari, learned counsel,
who has been subsequently engaged by the
informants submits that now previous
counsels who were earlier appearing in this
matter on behalf of informants have no
instruction. He next submits that now both
the informants do not want to oppose the
prayer for bail of the applicant- Anand Giri. It
is pointed out that informant-Amar Giri has
filed affidavit dated 03.07.2022 in this case
on his behalf as well as on behalf of another
informant-Pawan Maharaj mentioning in
paragraph no. 7 that they had not lodged F.I.R
against any particular person. Only Bade
Maharaj Ji's death was reported. They do not
want any action on the First Information
Report and want to take it back. They are also
ready to give such affidavit before the Trial
Court. They also do not want to give reply or
make any comment on contents of Paragraph
no.1 to 112 of the bail application of accusedAnand Giri.

23. Here it would be apposite to quote
the contents of paragraph 7 of the affidavit
dated 03.7.2022 filed by the informants,
which are reproduced herein under:
9 All. Anand Giri @ Ashok Kumar Chotiya Vs. State of U.P. & Anr.
21