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Neutral Citation No. - 2025:AHC:98521 Court No. - 71 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 20550 of 2025 Applicant :- Vishvanath Dixit @ Vicky Opposite Party :- State of U.P. Counsel for Applicant :- Arpit Agarwal,Bharat Singh Counsel for Opposite Party :- G.A. Hon'ble Madan Pal Singh,J.
1. Heard learned counsel for the applicant, learned AGA for the State-respondents and perused the record.
2. This bail application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 has been moved on behalf of accused- applicant, seeking enlargement on bail in Case Crime No. 11 of 2025, under Sections 85, 80(2), 351(3) of the Bharatiya Nyaya Sanhita, 2023, Police Station Kotwali, District Pilibhit during the pendency of the trial.
3. Learned counsel for the applicant argued that the accused- applicant is innocent and has been falsely implicated in this very case crime number and is languishing in jail since 25.1.2025. The FIR is delayed by about seven days and there is no explanation of the said delay caused. Learned counsel for the applicant further submits that deceased hanged herself and thereafter applicant had taken the deceased to the hospital where she was died. As per the postmortem report, cause of death is asphyxia due to ante-mortem hanging. Leaned counsel further submitted that the applicant and his family members have never demanded any dowry even though the applicant has already purchased a plot in the name of his wife.
Learned counsel for the applicant submits that during the investigation all the family members who were implicated in the case, have been exonerated by the police only the applicant being a husband has been falsely implicated in the present. He has no criminal antecedent and there is no likelihood of his fleeing from course of justice or tampering with evidence in case of release on bail. Hence, bail has been prayed for.
4. Learned AGA has vehemently opposed the prayer for bail but could not dispute the aforesaid facts.
5. In view of the facts and circumstances of the case and the
submissions made by learned counsel for both sides and going
through the record, without commenting on the merits of the case, I find it a fit case for bail. The application is allowed.
6. Let applicant, Vishvanath Dixit @ Vicky be released on bail in the aforesaid case crime number on his furnishing a personal bond and two reliable sureties of the like amount to the satisfaction of the court concerned with the following conditions: i. The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial. ii. The applicant shall cooperate in the trial sincerely without seeking any adjournment. iii. The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail. iv. 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; v. In case, the applicant misuses the liberty of bail 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. vi. The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 313 Cr.P.C. If in the opinion of the trial court default of this condition is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of his bail and proceed against him in accordance with law.
7. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
Order Date :- 20.6.2025 Akbar (Madan Pal Singh,J.) Digitally signed by :- MOHAMMAD AKBAR High Court of Judicature at Allahabad