Allowed

Raja Dixit v. State of U.P.

Allahabad HC28 Jan 2023BAIL/56281/2022

Case brief

AI extract

What is this about?

This judgment allows bail to the applicant in a case under Sections 307, 323, 342, 352, 504, and 506 IPC. The single judge noted arguments regarding delay in nomination, nature of injuries, and lack of threat to life as entitling the applicant to bail.

What did the court decide?

The applicant Raja Dixit was ordered to be released on bail by furnishing a personal bond and two sureties in the like amount to the satisfaction of the lower court subject to standard bail conditions

Raja Dixit Vs State of U.P. — Bail and Remand | Allahabad HC (2023)

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Court No. - 74

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 56281 of 2022

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Applicant :- Raja Dixit Opposite Party :- State of U.P. Counsel for Applicant :- Anuj Bajpai,Sanjay Kumar Mishra Counsel for Opposite Party :- G.A.

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Hon'ble Ajay Bhanot,J.

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By means of the the bail application the applicant has prayed to be enlarged on bail in Case Crime No.254 of 2021 at Police Station-Kotwali Nagar, District-Etah under Section 307, 323, 342, 352, 504, 506 I.P.C. The applicant is in jail since 28.07.2021.

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The bail application of the applicant was rejected by the learned trial court on 31.10.2022.

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The following arguments made by Shri Anuj Bajpai, learned counsel on behalf of the applicant, which could not be satisfactorily refuted by Shri Paritosh Kumar Malviya, learned AGA-I from the record, entitle the applicant for grant of bail:

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(1) The applicant was not named in the F.I.R.

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(2). Delay of one month in nomination of the applicant in the facts and circumstances of this case is fatal to the prosecution case.

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(3). The applicant was subsequently nominated as an afterthought.

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(4). No one has suffered a grievous or life threatening

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injury on any vital part of the body.

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(5). The applicant has not been identified as the principal offender who inflicted any grievous injury to any person.

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(6). The medical report opines that all injuries are simple in nature.

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(7). The nature of the injuries establishes that there was no intent to kill.

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(8). The applicant has explained his criminal history. It is also contended that the applicant belongs to the economically poor strata of the society and is a convenient scapegoat for the police authorities. The applicant has been falsely nominated in a number of cases only to show the proficiency of the police investigators. The said cases do not have any bearing on the instant bail application.

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(9). The applicant is not a flight risk. The applicant being a law abiding citizen has always cooperated with the investigation and undertakes to cooperate with the court proceedings. There is no possibility of his influencing witnesses, tampering with the evidence or reoffending.

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In the light of the preceding discussion and without making any observations on the merits of the case, the bail application is allowed.

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Let the applicant- Raja Dixit be released on bail in the

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aforesaid case crime number, on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court below. The following conditions be imposed in the interest of justice:-

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(i) The applicant will not tamper with the evidence or influence any witness during the trial.

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(ii) The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.

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Order Date :- 28.1.2023 Dhananjai

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Digitally signed by :- DHANANJAI High Court of Judicature at Allahabad

Raja Dixit v. State of U.P.

Case brief

What is this about?

What did the court decide?

Raja Dixit v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

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