Arun Kumar Dixit @ Arun Dixit @ Ramu Dixit v. State of U.P

Heard learned counsel for the applicant, learned AGA for the State and perused the record. The instant bail application has been filed on behalf of the applicant with a prayer to release him on bail during the trial in Case Crime No.0012 of 2023, under Sections 419, 420, 467, 468, 471, 387, 204, 506, 120-B IPC and Section 7A of Prevention of Corruption Act, Police Station S.I.T., District Lucknow subsequently arising out of Case Crime No.0905 of 2022, under Section 419, 420, 467, 468, 471, Police Station Kotwali Nagar, District Gonda. It is contended by learned counsel for the applicant that the applicant is innocent and has falsely been implicated in the present case due to ulterior motive. He further submits that the applicant was working as a Clerk with one co-accused, namely, Brijesh Kumar Awasthi and each allegations are against Brijesh Kumar Awasthi. He further submits that there is no ample evidence against the applicant, except apart the allegation that he actively associated in the crime in question.

He submits that there are 13 cases criminal history of the applicant of the year, 2024 and those have been registered with the same police station. He added that on the basis of suspicion and being associate with the co-accused Brijesh Kumar Awasthi, he has been implicated in the present case. He next submits that the applicant has explained 13 cases criminal history and he is law abiding citizen and languishing in jail since 28.04.2023 and in case, the applicant is granted bail, he would not misuse the liberty and would never jump the bail and would co-operate in the trial proceedings. Per contra, learned AGA appearing for the State has opposed the prayer of bail and submits that applicant was involved along with the co-accused persons in committing cheat and fraud and as such, he is not entitled to be released on bail. Having heard the learned counsel for the parties and after perusal of record, it transpires that the applicant was working as a Clerk and there is no allegation against him except apart that he was associated with the co-accused, namely, Brijesh Kumar Awasthi; on the basis of suspicion, the applicant is planted in the case; applicant has explained 13 cases criminal history and he is languishing in jail since 28.04.2023 and he has undertaken that he will not misuse the liberty of bail and would co-operate in the trial proceedings.

Considering the submissions of learned counsel of both sides, nature of accusation and severity of punishment in case of conviction, nature of supporting evidence, prima facie satisfaction of the Court in support of the charge, reformative theory of punishment and considering larger mandate of the Article 21 of the Constitution of India and, without expressing any view on the merits of the case, I find it to be a case of bail. Let the applicant-Arun Kumar Dixit @ Arun Dixit @ Ramu Dixit involved in the aforementioned crime be released on bail, on his furnishing a personal bond and two sureties each in the like amount, to the satisfaction of the court concerned, with the following conditions:- (1) The applicant shall not tamper with the prosecution evidence by intimidating/pressurizing the witnesses, or otherwise during the investigation or trial; (2) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court.

He will 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; (3) 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.; and (4) In case, the applicant misuses the liberty of bail during trial 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, the trial court shall initiate proceedings against him, in accordance with law under Section 174-A of the Indian Penal Code. The identity, status and residential proof of sureties will be verified by the court concerned and in case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail and send the applicant to prison. It is clarified that the observations made in this order are strictly confined to the disposal of this bail application and must not be construed to have any reflection on the merits of the case. Order Date :- 22.1.2025 Ram Murti