Allahabad High Court
ASHISH KUMAR DIXITversusSTATE OF U.P. AND 3 OTHERS
- Decided
- Bench
- KRISHAN PAHAL
Holding
The court held that the applicant is entitled to bail during the pendency of the trial.
Summary
The High Court considered a bail application filed by Ashish Kumar Dixit, who was arrested in connection with a case under several sections of the Indian Penal Code and the POCSO Act. The applicant claimed innocence, stating he was a teacher of the alleged victim and presented a certificate from the school principal to refute the allegation. The court noted that no injury was recorded on the victim, the applicant had no prior criminal record, and the evidence did not conclusively establish guilt. After evaluating the submissions and the certificate, the court found a prima facie case for bail. Consequently, the bail was granted subject to a personal bond, sureties, and standard conditions, without prejudice to the trial on merits.
Issues considered
- Whether bail should be granted to the accused under IPC and POCSO charges pending trial, considering the claim of innocence, lack of injury to the victim, and supporting certificate.
Legislation cited
- Indian Penal Code — s. 333, 351(2), 351(4), 352, 64(2)f, 64(2)m, 65(1)
- Protection of Children from Sexual Offences Act, 2012 — s. 4(2), 5L/6
Subjects
- bail
- IPC
- POCSO Act
- false implication
- no injury
- teacher
- certificate
- trial pending
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 25196 of 2025
Ashish Kumar Dixit
.....Applicant(s)
Versus
State Of U.P. And 3 Others
.....Opposite
Party(s)
Counsel for Applicant(s) : Anupam Tripathi
Counsel for Opposite Party(s) : G.A., Pawankumar Dubey
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
BAIL No. 25196 of 2025
2
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.
(Krishan Pahal,J.)
May 12, 2026
(Ravi Kant)
Digitally signed by :-
RAVI KANT
High Court of Judicature at Allahabad
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