Allahabad High Court

PAVITRA DIXITversusSTATE OF U.P.

Decided: 22 April 2026
Bench: ASHUTOSH SRIVASTAVA

Holding

The High Court allowed the bail application, directing the release of the accused on personal bond with sureties subject to conditions.

Summary

The High Court considered a second bail application filed by Pavitra Dixit, who is charged under Sections 406 and 420 of the IPC for a crime registered in Ghaziabad. The applicant had been in custody since 27 August 2022, amounting to more than half the maximum term of imprisonment for the offences. The counsel invoked Sections 436A and the first proviso of Sections 437(1) and 437(6) of the CrPC, arguing that the prolonged pre‑trial detention, the applicant’s status as a woman, and the lack of a speedy trial warranted release on bail. The State opposed the application but did not dispute the factual background. Weighing the severity of the alleged offences, the length of detention, and the statutory provisions, the Court allowed the bail, ordering the applicant’s release on personal bond with two sureties and imposing conditions to prevent witness tampering and further criminal activity.

Issues considered

Whether bail can be granted under Section 436A and the first proviso of Sections 437(1) and 437(6) of the CrPC to a woman accused of offences under Sections 406 and 420 IPC after detention exceeding half the maximum sentence.
Whether the risk of witness tampering or other grounds justify denial of bail despite statutory provisions.
Whether the delay in trial proceedings satisfies the criteria for mandatory bail under Section 437(6) CrPC.

Legislation cited

Code of Criminal Procedure — s. 436A, 437(1), 437(6)
Indian Penal Code — s. 406, 420

Subjects

bail
non‑bailable offence
Section 436A CrPC
Section 437 CrPC
IPC 406
IPC 420
pre‑trial detention
woman accused
witness tampering
high court

Judgment

HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 42545 of 2025

Pavitra Dixit
.....Applicant(s)
Versus

State of U.P.
.....Opposite
Party(s)

Counsel for Applicant(s) : Ashish Pandey, Nikil Pathak,
Pragya Pandey
Counsel for Opposite Party(s) : G.A.

Court No. - 68

HON'BLE ASHUTOSH SRIVASTAVA, J.

Heard Shri Nikhil Pathak, learned counsel for the applicant and
Shri Yagyavalka Pandey, learned AGA for the State and perused
the entire material available on record.

This is a second bail application filed by the applicant. The first
bail application filed by the present applicant was rejected by a
coordinate Bench of this Court vide order dated 23.12.2022,
passed in Criminal Misc. Bail Application No. 49850 of 2022,
Pavitra Dixit vs. State of U.P., copy whereof has been brought on
record as Annexure-3 to the bail application.

The applicant-Pavitra Dixit, has filed this second bail application
with a prayer to enlarge her on bail in Crime No. 452 of 2022,
under Section 406 and 420 IPC, Police Station-Modinagar,
District-Ghaziabad, during the pendency of the trial.

In support of this second bail application, learned counsel for the
applicant has reiterated the entire submissions made in the first
bail application, which are not necessary to mention herein again
by this Court.

Apart from the above, learned counsel for the applicant submits
BAIL No. 42545 of 2025
2

that in the present case Charge sheet has been filed by the
Investigating Officer against the applicant and one other accused
on 12.10.2022. Learned counsel for the applicant further submits
that there are five witness in the charge sheet and till date
statement of the P.W. 1 to P.W. 4 has been completed up to
03.02.2026 and thereafter the P.W. 5 is not appearing before the
Court concerned and against him NBW was issued on
20.02.2026.

Learned counsel for the applicant further submits that the
applicant is entitled for the benefit of Sections 436 A and first
proviso of Section 437 (1) & (6) Cr.P.C. which provides as under:

"436A. Maximum period for which an undertrail prisoner
can be detained:-

Where a person has, during the period of investigation,
inquiry or trial under this Code of an offence under any law
(not being an offence for which the punishment of death has
been specified as one of the punishments under that law)
undergone detention for a period extending up to one-half of
the maximum period of imprisonment specified for that
offence under that law, he shall be released by the Court on
his personal bond with or without sureties;

Provided that the Court may, after hearing the Public
Prosecutor and for reasons to be recorded by it in writing,
order the continued detention of such person for a period
longer than one-half of the said period or release him on bail
instead of the personal bond with or without sureties;

Provided further that no such person shall in any case be
detained during the period of investigation inquiry or trial
for more than the maximum period of imprisonment provided
for the said offence under that law.

437. When bail may be taken in case of non-bailable

offence-[(1) When any person accused of, or suspected of,
BAIL No. 42545 of 2025
3

the commission of any non-bailable offence is arrested or

detained without warrant by an officer in charge of a police

station or appears or is brought before a Court other than

the High Court or Court of Session, he may be released on

bail, but -

(i)such person shall not be so released if there appear
reasonable grounds for believing that he has been guilty of
an offence punishable with death or imprisonment for life;

(ii)such person shall not be so released if such offence is a
cognizable offence and he had been previously convicted of
an offence punishable with death, imprisonment for life or
imprisonment for seven years or more, or he had been
previously convicted on two or more occasions of [a
cognizable offence punishable with imprisonment for three
years or more but not less than seven years]:

Provided that the Court may direct that a person referred to
in clause (i) or clause (ii) be released on bail if such person
is under the age of sixteen years or is a woman or is sick or
infirm :

.........

(6) If, in any case triable by a Magistrate, the trial of a
person accused of any non-bailable offence is not concluded
within a period of sixty days from the first date fixed for
taking evidence in the case, such person shall, if he is in
custody during the whole of the said period, be released on
bail, to the satisfaction of the Magistrate, unless for reasons
to be recorded in writing, the Magistrate otherwise directs."

Learned counsel for the applicant submits that the applicant is
BAIL No. 42545 of 2025
4

lady and is languishing in jail since 27.08.2022 and till date she
suffered incarceration for three years, seven months and 26
days which is more than the half of the sentence provided
under Sections 406 and 420 I.P.C. Criminal history of three
cases has been properly explained in paragraph no. 3 of the
supplementary affidavit and there is no possibility of conclusion
of trial in near future. He, therefore, submits that on the above
grounds, the applicant is liable to be enlarged on bail.

Learned AGA has vehemently opposed, but could not dispute the
aforesaid facts.

Considering all those facts and circumstances, severity of the
punishment in the case of conviction, period of incarceration as
well as mandate of the Section 436 (A) and Ist Proviso of
Section 437 (1) & Section 437 (6) Cr.P.C and reasonable
apprehension of tampering with the witness and prima facie case,
but without commenting on merit of case, a case for bail is made
out.

Accordingly, the bail application is allowed.

Let the accused-applicant, Pavitra Dixit, involved in above
mentioned case crime number be released on bail, on her
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 her personal appearance is
exempted through counsel by the court concerned.
BAIL No. 42545 of 2025
5

In the event of breach of any of the aforesaid conditions, the court
below will be at liberty to proceed to cancel her bail.

April 23, 2026
Deepak/

(Ashutosh Srivastava,J.)

Digitally signed by :-
DEEPAK KUMAR KUSHWAHA
High Court of Judicature at Allahabad

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