Akku Dixit @ Akash Dixit v. State of U.P

Court No. - 72 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 41316 of 2023 Applicant :- Akku Dixit @ Akash Dixit Opposite Party :- State of U.P. Counsel for Applicant :- Jeetendra Kumar Sharma Counsel for Opposite Party :- G.A. Hon'ble Krishan Pahal,J.

¶1List has been revised.

¶2Heard Ms. Laxmi Dubey, Advocate holding brief of Sri Jeetendra Kumar Sharma, learned counsel for the applicant, Sri Ashutosh Srivastava, learned A.G.A. for the State and perused the material placed on record.

¶3Applicant seeks bail in Case Crime No.278 of 2023, under Section 307 I.P.C., Police Station Ajitmal, District Auraiya, during the pendency of trial.

¶4As per prosecution story, the brother of the informant Angad Singh is stated to have gone with co-accused person Sushant on

21.05.2023 at about 10:00 a.m. It came to the knowledge of the informant that his brother was lying in a pool of blood at Anaj Godam Road Ajitmal who was retrieved from there by him and admitted at Community Health Centre, Ajitmal and the FIR was instituted thereupon. There was apprehension in the mind of the informant that the applicant and co-accused person Sushant have caused the injuries to his brother.

¶5Learned counsel for the applicant has argued that the applicant is absolutely innocent and has been falsely implicated in the present case with a view to cause unnecessary harassment and to victimize him. The informant is not the eye-witness of the incident. The FIR is delayed by about one day and there is no explanation of the said delay caused. Learned counsel has further stated that the injury report indicates that the injuries are not of serious in nature as it is stated in it that no surgical intervention was required by doctors and dressing has been done already at 1:00 a.m. on 22.05.2023. The injured person was released from hospital two days after the treatment, as such the injuries were simple in nature.

¶6Learned counsel for the applicant has further stated that the statement of the injured person is contradictory to the FIR as it is mentioned in it that the applicant had caused injuries to his neck and his hands as well, but the injury report does not indicate any injury on his hand. It is a known fact that the applicant and the injured person are drug addicts and the altercation, if any, ensued over the supply of the said drugs. Several other submissions have been made on behalf of the applicant to demonstrate the falsity of the allegations made against him. The circumstances which, as per counsel, led to the false implication of the applicant have also been touched upon at length. The applicant is languishing in jail since 07.07.2023. In case, the applicant is released on bail, he will not misuse the liberty of bail.

¶7Learned A.G.A. has vehemently opposed the bail application.

¶8Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, the evidence on record, and without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.

¶9Let the applicant-Akku Dixit @ Akash Dixit, who is involved in aforementioned 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.

(i) The applicant shall not tamper with evidence.

(ii) The applicant shall remain present, in person, before the Trial Court on dates fixed for (1) opening of the case, (2) framing of charge and (3) recording of statement under Section 313 Cr.P.C. If in the opinion of the Trial Court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the Trial Court to treat such default as abuse of liberty of bail and proceed against him in accordance with law.

¶10In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.

¶11It is made clear that observations made in granting bail to the applicant shall not in any way affect the learned trial Judge in forming his independent opinion based on the testimony of the witnesses. Order Date :- 15.12.2023 Ravi Kant (Krishan Pahal, J.) High Court of Judicature at Allahabad