Court No. - 79
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 17752 of 2019 Applicant :- Alok Kumar Dixit Opposite Party :- State Of U.P. Counsel for Applicant :- Rishi Kant Rai Counsel for Opposite Party :- G.A.
Hon'ble Ram Krishna Gautam,J.
By means of this application the applicant Alok Kumar Dixit has prayed to release him on bail in Case Crime No. 190 of 2018, u/s 409, 420, 201, 120B, 411 I.P.C. & 65, 66 I.T. Act, P.S.
Atarsuiya, District Allahabad.
Heard learned counsel for the applicant and learned AGA representing the State. Perused the record.
Learned counsel for the applicant has argued that the applicant is innocent and he has been falsely implicated in this very case crime number. First Information Report was got lodged by Ashok Kumar, for offence punishable under Section 409, 420 I.P.C. and Section 65 and 66 of I.T. Act of P.S. Atarsuiya, against custodian Dilip Kumar Nishad and custodian Jai Singh Patel. Alleged recovery was from Dilip Kumar Nishad and Luvkush Nishad. They are also named in FIR but the name of accused applicant is not there. Name of accused applicant was brought in the confessional statement of co-accused Dilip Kumar Nishad. Whereas accused applicant is of no concern with alleged occurrence nor there is no likelihood of tampering with evidence or fleeing from course of justice. He was with one criminal antecedent, in which he is on bail. Nothing incriminating has been recovered from him. Bail has been prayed for.
Learned AGA has vehemently opposed the bail application.
First Information Report reveals that it was got lodged against two accused persons who was custodian of A.T.M. and they were having password. Recovery is from Dilip Kumar Nishad and Luvkush Nishad. Name of accused applicant is there in confessional statement made by Dilip Kumar Nishad. There is no recovery of any incriminating article from accused applicant. Under all above facts and circumstances, the nature of accusations, severity of the punishment in the case of conviction and without expressing any opinion on the merits of the case, this court is of the view that the applicant may be enlarged on bail with certain conditions. Accordingly, the bail application is allowed.
Let the applicant, Alok Kumar Dixit, involved in above mentioned case crime number be released on bail on his executing a personal bond and two reliable sureties each in the like amount to the satisfaction of the court concerned subject to the following conditions:
1. The applicant will not tamper with the evidence.
2. The applicant will not indulge in any criminal activity.
3. The applicant will not pressurize/intimidate the prosecution witnesses and co-operate in the trial.
4. The applicant will appear regularly on each and every date fixed by the trial court unless his personal appearance is exempted through counsel by the court concerned.
In the event of breach of any of the aforesaid conditions, the court below will be at liberty to proceed to cancel his bail.
Order Date :- 26.4.2019 Kamarjahan