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2025 DAILYLAW 148117 (ALL)

VIJAY DIXIT @ VIJAY KUMAR DIXIT v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND 3 OTHERS

ABAIL/742/2025 · 2025-07-01

Rajesh Singh Chauhan

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:36998 Court No. - 11 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 742 of 2025 Applicant :- Vijay Dixit @ Vijay Kumar Dixit Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And 3 Others Counsel for Applicant :- Ram Kumar Verma,Arun Shukla Counsel for Opposite Party :- G.A. Hon'ble Rajesh Singh Chauhan,J. Heard learned counsel for the applicant and learned AGA for the State. The present applicant is apprehending his arrest in case crime no. 404 of 2019, under Sections 498-A, 306 of IPC, P.S. Sandila District Hardoi. Learned counsel for the applicant has submitted that the present applicant has been falsely implicated as he has not committed any offence as alleged. Attention has been drawn towards annexure no. 5 which is the anticipatory bail order dated 25.09.2019 passed in bail No. 7745 of 2019, whereby the present applicant has been granted anticipatory bail till completion of investigation and filing of police report. Learned counsel for the applicant has stated that the present applicant has cooperated in the investigation and has not misused the liberty of anticipatory bail order dated 25.09.2019 and now the charge-sheet has been filed. He undertakes that he shall further cooperate in the trial proceedings. He has further submitted that admittedly it is a case where the marriage of the applicant with the deceased took place 18 years before the date of incident therefore, the charge- sheet could have not been filed under Section 498-A of IPC. The present applicant is having no prior criminal history of any kind whatsoever. Having considered the aforesaid submissions of learned counsel for the parties and having perused the material available on the record; and the undertaking that he shall not misuse the protection of anticipatory bail and shall co-operate in the trial proceedings properly, I find it appropriate that liberty of the present applicant may be protected till completion of the trial proceedings in view of the dictum of Apex Court rendered in re: Sushila Aggarwal Vs. State (NCT of Delhi)-2020 SCC online SC 98. Therefore, in the meantime, it is directed that in the event of arrest the applicant (Vijay Dixit @ Vijay Kumar Dixit) shall be released on anticipatory bail in the aforesaid case crime number, till completion of trial proceedings on his furnishing a personal bond in the like amount to the satisfaction of the arresting authority/ court concerned and two sureties of Rs.50,000/- each with the following conditions:- (i) that 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 from disclosing such facts to the court or to any police officer or tamper with the evidence; (ii) that the applicant shall not leave India without prior permission of the court; (iii) that the applicant shall not pressurize/ intimidate the prosecution witnesses and shall not tamper with evidence during trial; (iv) that the applicant shall appear before the Trial Court on each date fixed unless personal presence is exempted; (v) that in case of breach of any of the above conditions, the court below shall have the liberty to cancel the bail; (vi) that in default of any of the conditions mentioned above, the learned counsel for the State shall be at liberty to file appropriate application for cancellation of anticipatory bail granted to the applicant. Accordingly, the application is allowed. Order Date :- 1.7.2025 Anurag Digitally signed by :- ANURAG SINGH High Court of Judicature at Allahabad, Lucknow Bench