Raj @ Raj Kamal Dixit vs State Of U.P.
2019 Latest Caselaw 4972 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 74
 

 
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 20166 of 2019
 

 
Applicant :- Raj @ Raj Kamal Dixit
 
Opposite Party :- State Of U.P.
 
Counsel for Applicant :- Kuldeep Johri
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Bachchoo Lal,J.

Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.

Learned counsel for the applicant submits that the FIR of the alleged incident was lodged against 4 named persons including the applicant and some unknown. In FIR suspicion has been expressed against the applicant and other co-accused for committing the murder of the deceased. There is no direct evidence against the applicant. According to postmortem report one gun shot injury has been found to the deceased. Showing the arrest of applicant on 4.1.2019 the applicant has falsely been implicated in the present case only on the basis of his confessional statement. In the confessional statement of applicant it has come that gun shot injury was caused to the deceased by co-accused Shivam Shukla. The applicant had not caused any injury to the deceased. Nothing incriminating has been recovered from the possession of the applicant or on his pointing out. There is no cogent evidence on record to connect the applicant with the alleged offence. It has further been submitted that there was no motive to the applicant to commit the alleged offence. He has no concern with the alleged incident. The applicant has no criminal history and is in jail since 5.1.2019.

Per contra; learned A.G.A. has opposed the prayer for bail.

Considering the facts and circumstances of the case and without expressing any opinion on the merits of the case, I find it a fit case for bail.

Let the applicant Raj @ Raj Kamal Dixit involved in Case Crime No. 03 of 2019, under section 302 IPC, P.S. Bisalpur, District Pilibhit be released on bail on his furnishing a personal bond with two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:

1. The applicant will not tamper with the evidence.

2. He shall not pressurize/intimidate the prosecution witnesses and shall cooperate with the trial.

3. He shall appear on each and every date fixed by the trial court unless personal appearance is exempted by the court concerned.

In case of breach of any conditions mentioned above, the trial court shall be at liberty to cancel the bail of the applicant.

Order Date :- 23.5.2019

Masarrat