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Prashant Dixit v. State Of U.p

Prashant Dixit v. State Of U.p

(High Court Of Judicature At Allahabad)

CRIMINAL MISC. BAIL APPLICATION No. - 25098 of 2022 | 24-06-2022

Deepak Verma,J.

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

2. The instant bail application has been filed with a prayer to release the applicant on bail in Case Crime No. 125 of 2022 registered under Sections 392, 411 I.P.C., Police Station Sadh, District Kanpur (Outer) during pendency of the trial.

3. Learned counsel for the applicant submitted that the applicant has been falsely implicated in the present case due to ulterior motive. Applicant has not been arrested from the spot nor anything recovered from his possession. Applicant's name surfaced from the statement of co-accused. No independent eyewitness of the alleged crime. Criminal history of the applicant have been explained in paragraphs 16 and 17 of the affidavit. The applicant is languishing in jail since 05.05.2022. In case, the applicant is released on bail, he will not misuse the liberty of bail and co-operate in trial.

4. Learned A.G.A. has opposed the bail prayer of the applicant.

5. Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties and keeping in view the nature of offence, evidence, complicity of accused and without expressing any opinion on the merits of the case and the mandate laid down by Apex Court in the case of Dataram Singh Vs. State of U.P. and another reported in (2018) 3 SCC 22, [LQ/SC/2018/152] the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.

6. Let the applicant, Prashant Dixit, who is involved in the aforesaid case crime, be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions. Further, before issuing the release order, the sureties be verified.

1. The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.

2. The applicant shall cooperate in the trial sincerely without seeking any adjournment.

3. The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.

7. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.

Advocate List
  • Shivakant

  • G.A.

Bench
  • Hon'ble Justice Deepak Verma
Eq Citations
  • LQ
  • LQ/AllHC/2022/9413
Head Note

A. Penal Code, 1860 — Ss. 392, 411 r/w S. 34 — Robbery — Bail — Applicant not arrested from the spot nor anything recovered from his possession — Applicant's name surfaced from the statement of co-accused — No independent eyewitness of the alleged crime — Criminal history of the applicant explained in affidavit — Applicant languishing in jail since 05.05.2022 — Held, applicant has made out a case for bail — However, applicant directed not to tamper with the prosecution evidence by intimidating/pressurizing the witnesses, during the investigation or trial — A.2