Single judge order granting bail to the applicant, who was falsely implicated, noting parity with co-accused already released. Bail allowed with personal bond and sureties.
Release on bail in Crime No.53 of 2022 on furnishing personal bond and two sureties each.
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Neutral Citation No. - 2023:AHC-LKO:39204
Court No. - 31
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2357 of 2023
Applicant :- Ravi Dixit @ Shubham Dixit Opposite Party :- State Of U.P. Thru. Prin. Secy. Sectt. U.P Govt. Lko Counsel for Applicant :- Atul Verma,Akhilendra Pratap Singh,Ali Moid,Vinod Kumar Yadav Counsel for Opposite Party :- G.A.
Hon'ble Vipin Chandra Dixit,J.
Heard learned counsel for the applicant and learned A.G.A for the State and perused the record.
It is submitted by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in the present case. The FIR was lodged against unknown person and the applicant was not named in the FIR. Co-accused Nitish Srivastava and Rajesh Kumar have already been granted bail by co-ordinate Benches of this Court vide orders dated 27.1.2023 & 30.5.2023 passed in Criminal Misc. Bail Application Nos. 1324 of 2023 and 3258 of 2023 respectively, copy of bail orders produced before the Court are taken on record. It is further submitted that case of the applicant is similar to the co-accused who have been granted bail by this Court, as such the applicant is also entitled to bail on the ground of parity. The applicant has no previous criminal history The applicant is in jail since 4.10.2022 and if he is released on bail, he will not misuse the liberty of bail and cooperate in trial.
Learned AGA for the State vehemently opposed the prayer of bail but could not dispute the aforesaid facts regarding bail of other two co-accused.
Upon hearing the learned counsel for the parties and upon the perusal of the record and considering the complicity of accused, severity of punishment as well as totality of facts and circumstances, at this stage, without commenting on the merits of the case, I find it a fit case for bail. The bail application is allowed.
Let applicant Ravi Dixit @ Shubham Dixit be released on bail in Case Crime No.53 of 2022 under Sections 34/120B/364A/365/395 IPC, registered at Police Station Madeyganj, District Lucknow, on furnishing a personal bond and two sureties each in the like amount to the satisfaction of
Magistrate/Court concerned, subject to the following conditions:-
(i) The applicant will not tamper with prosecution evidence and will not harm or harass the victim/complainant in any manner whatsoever.
(ii) The applicant will abide by the orders of the court, will attend the court on every date and will not delay the disposal of trial in any manner whatsoever.
(iii) The applicant will not indulge in any unlawful activity.
(iv) The applicant will not misuse the liberty of bail in any manner whatsoever.
The identity, status and residential proof of sureties will be verified by the court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicant to prison.
Order Date :- 30.5.2023 P.P.
Digitally signed by :- POONAM PATEL High Court of Judicature at Allahabad, Lucknow Bench
1 issue framed by the court
Whether the applicant is entitled to bail despite denying innocence in a case involving serious offenses.
1 provisions across 1 enactments
Ravi Dixit @ Shubham Dixit
State Of U.P. Thru. Prin. Secy. Sectt. U.P Govt. Lko
Vipin Chandra Dixit
Poonam Patel
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
