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2025 DAILYLAW 199179 (ALL)

VIPIN KUMAR DIXIT v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO.

BAIL/7551/2025 · 2025-11-14

Pankaj Bhatia

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 7551 of 2025 Court No. - 12 HON'BLE PANKAJ BHATIA, J. 1. Heard learned counsel for the applicant, learned AGA and perused the record. 2. The applicant seeks enlargement on bail in FIR No. 147 of 2021, under sections 302/34 IPC, P.S. Kotwali Dehat, District Hardoi. 3. Learned counsel for the applicant argues that this is second bail application. The first bail application was rejected on 22.8.2022. While arguing the second bail application learned counsel for the applicant draws my attention to the extrajudicial confession as was recorded in the order dated 22.8.2022 allegedly made by the applicant and his wife. It is stated that subsequently the wife of the applicant has resiled from any statement as was allegely made before her and recorded in order dated 22.8.2022. It is further argued that even in terms of FIR no one was shown to be as eye witness and thus apart from the allegations levelled based upon extra judicial confession there is no material to link the applicant with the offence in question. The applicant is not even named in the FIR. 4. Learned AGA has opposed the bail application. 5. Considering the subsequent development in the form of resiling from extra judicial confession coupled with the fact that the applicant has suffered pre trial detention of more than 4 and ½ years, however, without commenting upon the merits of the case, the applicant who is in jail since Versus Counsel for Applicant(s) : Ram Milan Yadav Counsel for Opposite Party(s) : G.A. Vipin Kumar Dixit .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko. .....Opposite Party(s) 10.3.2021 and having no criminal history is entitled to be enlarged on bail. In view thereof, the application is allowed. 6. Let the applicant Vipin Kumar Dixit be released on bail in aforesaid FIR number on his furnishing a personal bond with two sureties of Rs.20,000/- each to the satisfaction of court concerned with the following conditions: (a) The applicant shall execute a bond to undertake to attend the hearings; (b) The applicant shall not commit any offence similar to the offence of which he is accused or suspected of the commission; and (c) 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. November 14, 2025 J. K. Dinkar BAIL No. 7551 of 2025 2 (Pankaj Bhatia,J.) Digitally signed by :- JESHU KUMAR DINKAR High Court of Judicature at Allahabad, Lucknow Bench