Gaurav Dixit v. State of U.P. Thru. Its Prin. Secy. Home, Civil Sectt. Lko

Court No. - 16 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 15305 of 2023 Applicant :- Gaurav Dixit Opposite Party :- State Of U.P. Thru. Its Prin. Secy. Home, Civil Sectt. Lko. Counsel for Applicant :- Ashutosh Pathak,Rakesh Kumar Mishra Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J.

¶1Heard Sri Ashutosh Pathak, the learned counsel for the applicant, Sri Rakesh Kumar Singh, the learned A.G.A. for the State and perused the records.

¶2The instant application has been filed seeking release of the applicant on bail in Case Crime No. 431 of 2023, under Sections 420, 467, 468, 471 I.P.C., registered at Police Station Mauranwa, District Unnao.

¶3The aforesaid case has been registered on the basis of an F.I.R. lodged on 23.08.2023 against five persons, including the applicant stating that the informant's father Hari Ram Dixit had died on 27.01.1993 and his wife also died issue less on

26.03.2014. The applicant and his father Surya Prakash Dixit belong to same family, set up co-accused Hari Ram Shukla as an imposter in place of Hari Ram Dixit and executed a sale deed in respect of his property.

¶4In the affidavit filed in support of bail application it has been stated that the applicant is innocent, he has been falsely implicated in the present case and he has no criminal history. It has further been stated that Hari Ram and his wife had executed their last will in favour the applicant's father Surya Prakash Dixit on 24.06.1974 and therefore the he had no occasion to get a sale deed of the land which had been bequeathed in his favour through some imposter. It has also been submitted on behalf of the applicant that the co-accused Surya Prakash Dixit has already been granted bail by this court by means of order dated

19.12.2023, passed in Criminal Misc. Bail Application No.14994 of 2023.

¶5The learned A.G.A. has opposed the prayer for bail but he could not dispute the aforesaid aspects of the matter.

¶6Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that applicant has no previous criminal history and he is languishing in jail since

20.11.2023 and a co-accused has already been enlarged on bail by this court and without making any observation, which may affect the merits of the case, I am of the view that the aforesaid facts are sufficient for making out a case for enlargement of the applicant on bail in the aforesaid crime.

¶7Accordingly, this bail application stands allowed.

¶8Let the applicant-Gaurav Dixit be released on bail in the aforesaid case on furnishing a personal bond and two sureties each in the like amount to the satisfaction of magistrate/court concerned, subject to following conditions:-

(i) the applicant shall not tamper with the prosecution evidence;

(ii) the applicant shall not pressurize the prosecution witnesses;

(iii) the applicant shall appear on each and every date fixed by the trial court. . (Subhash Vidyarthi, J.) Order Date :- 22.12.2023 Ram. High Court of Judicature at Allahabad, Lucknow Bench