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2025 DAILYLAW 2782 (ALL)

ASHISH KUMAR DIXIT v. STATE OF U.P. AND 3 OTHERS

BAIL/25196/2025 · 2026-05-11

Krishan Pahal

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 25196 of 2025 Court No. - 65 (Sr. No.56 out of 243) HON'BLE KRISHAN PAHAL, J. 1. List has been revised. 2. Heard Sri Anupam Tripathi, learned counsel for the applicant, Sri Pawankumar Dubey, learned counsel for the informant, Sri Rajendra Prasad Singh, learned State Law Officer for the State and perused the material placed on record. 3. Applicant seeks bail in Case Crime No.44 of 2025, under Sections 64(2)m, 64(2)f, 65(1), 333, 351(2), 351(4), 352 BNS and Sections 5L/6, 4(2) POCSO Act, Police Station Paraur, District Shahjahanpur, during the pendency of trial. 4. Learned counsel for the applicant has argued that the applicant is absolutely innocent and has been falsely implicated in the present case. It is stated that the applicant was a teacher of the victim, but the said allegation also stands falsified by the certificate issued by the Principal of the said institute, Sri Kanhaiya Lal Ucchtar Madhyamik Vidyalaya, Shahjahanpur. The said certificate has been annexed as Annexure No.7 to the affidavit accompanying the bail application. No injury was sustained by the victim. The victim is 19 years old as per the ossification test report. The applicant has no criminal history and is in jail since 22.04.2025. He undertakes to cooperate with the trial and not misuse the liberty of bail. 5. Learned counsel for the informant and learned State Law Officer have Versus Counsel for Applicant(s) : Anupam Tripathi Counsel for Opposite Party(s) : G.A., Pawankumar Dubey Ashish Kumar Dixit .....Applicant(s) State Of U.P. And 3 Others .....Opposite Party(s) vehemently opposed the bail application but could not dispute the submissions made by the counsel for the applicant. 6. Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, the evidence on record, taking into consideration the certificate issued by the Principal and the fact that no injury was sustained by the victim, and without expressing any opinion on the merits of the case, prima-facie the Court is of the view that the applicant has made out a case for bail. The bail application is allowed. 7. Let the applicant- Ashish Kumar Dixit, be released on bail on furnishing a personal bond and two sureties to the satisfaction of the court concerned, subject to verification of sureties, with the conditions that he shall not tamper with evidence or intimidate witnesses and shall appear before the trial court as required. 8. Breach of any condition shall entail cancellation of bail. The observations herein shall not affect the trial on merits. May 12, 2026 (Ravi Kant) BAIL No. 25196 of 2025 2 (Krishan Pahal,J.) Digitally signed by :- RAVI KANT High Court of Judicature at Allahabad