Allahabad High Court
Raja Dixit @ Mayank Dixit vs State Of U.P. on 9 July, 2019
Bench: Karunesh Singh Pawar
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Court No. - 29
Case :- BAIL No. - 3956 of 2019
Applicant :- Raja Dixit @ Mayank Dixit
Opposite Party :- State Of U.P.
Counsel for Applicant :- Bhupendra Nath Tripathi,Shanker Limbu
Counsel for Opposite Party :- G.A.
Hon'ble Karunesh Singh Pawar,J.
Counter affidavit filed by learned AGA is taken on record.
Heard learned counsel for the applicant, learned AGA for the State and perused the record.
It is alleged that FIR was lodged on 29.11.2018 while complainant and his cousin had gone to the market to produce some items and they park their vehicles near the shop Gunda tax was demanded from the accused persons from them which turn into Marpeet. It is further contended that applicant and co-accused Sanju Lodhi @ Sanjai Lodhi has been enlarged on bail vide order dated 15.5.2019 in Bail Application No.4915 of 2019, Sandeep Kumar Lodhi has also been enlarged on bail vide order dated 22.5.2019 in Bail Application No.2183 of 2019 and Ramu Lodhi has also been enlarged on bail vide order dated 22.5.2019 in Bail Application No.5115 of 2019. Learned counsel for the applicant submitted that the complainant himself has denied the version stated by him in the FIR while giving statement under Section 161 Cr.P.C. It is further contended that the injured has not named the applicant and accused persons have been enlarged on bail. Learned counsel for the applicant claims parity with the bail orders of the co-accused persons. The applicant is in jail since 7.2.2019.
Learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid facts as argued by the learned counsel for the applicant.
Without expressing any opinion on the merits of the case and considering the nature of accusation and the severity of punishment in case of conviction and for the period for which he is in jail, the applicant is entitled to be released on bail in this case.
Let the applicant Raja Dixit @ Mayank Dixit involved in Case Crime No.633 of 2018, under Sections 147, 307, 386, 26, 427 IPC., Police Station-Para District- Lucknow be released on bail on his furnishing a personal bond and two heavy sureties each in the like amount to the satisfaction of the court concerned with the following conditions which are being imposed in the interest of justice:-
(I). The applicant will not tamper with the evidence during the trial.
(ii). The applicant will not pressurize/ intimidate the prosecution witness.
(iii). The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence.
(iv) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law.
(v) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him under Section 229-A of the Indian Penal Code.
(vi) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under Section 82 Cr.P.C. is issued and the applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law, under Section 174-A of the Indian Penal Code.
Order Date :- 9.7.2019
P.s.
