Allahabad High Court
GANESH DIXITversusSTATE OF U.P.
- Decided
- Bench
- RAJIV LOCHAN SHUKLA
Holding
The bail application is allowed.
Summary
Ganesh Dixit applied for bail in a criminal case (Crime No. 0099 of 2024) involving offences under Sections 147, 352, 323, 504 and 307 of the Indian Penal Code. The applicant claimed he was falsely implicated due to a property dispute with his brother, who was the informant, and argued that the injuries to the victim were not grievous. The State opposed bail, alleging that the applicant, as the elder brother, assaulted the victim with a firearm causing potentially life‑threatening injuries. The court examined the charge sheet, noted that the injuries were caused by a blunt object and were simple in nature, and found only one prior criminal case resulting in a final report. Finding a prima facie case for bail and no compelling reason to deny it, the court granted bail subject to standard conditions. The order directed the applicant to execute a personal bond with two sureties and comply with conditions such as not tampering with evidence or intimidating witnesses.
Issues considered
- Whether the applicant is entitled to bail despite the nature of the offences charged under the IPC.
- Whether the severity of the injuries and alleged use of a firearm justify denial of bail.
- Whether the applicant's prior criminal antecedents preclude the grant of bail.
Legislation cited
- Indian Penal Code — s. 147, 307, 323, 352, 504
Subjects
- bail
- Indian Penal Code
- false FIR
- property dispute
- injury severity
- criminal antecedents
- court conditions
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 6352 of 2026
Ganesh Dixit
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Shakti Shanker Tiwari, Subhash Chandra
Tiwari
Counsel for Opposite Party(s) : Birendra Kumar Pandey, G.A., Om
Shankar Mishra
Court No. - 72
HON'BLE RAJIV LOCHAN SHUKLA, J.
1. Heard, Learned counsel for the applicant, Learned A.G.A. for the State and
perused the record.
2. The instant bail application has been filed with a prayer to release the
applicant on bail in Case Crime No.0099 of 2024, under Sections 147, 352,
323, 504, 307 of I.P.C., Police Station- Kidwai Nagar, District- Kanpur Nagar.
3. The Learned counsel for the applicant submits that the applicant has been
falsely implicated in the present case. He further contends that the informant is
the real brother of the applicant and due to property dispute between the
brothers this false FIR has been lodged. He further contends that the injured
have not received any grievous injury or injury which may be considered to be
dangerous to life. The applicant has criminal antecedents of one case in which
final report has been submitted. He is in jail since 28.11.2025. It is further
submitted that in case, the applicant is granted bail, he will not misuse the
liberty of bail and will cooperate in the trial proceedings.
4. The Learned A.G.A. has opposed the prayer for grant of bail and has
contended that the applicant is the elder brother of the injured and has
assaulted using a fire arm. He has further contended that the injuries were on
vital part of the body which could have resulted in the death of the injured.
Learned A.G.A. has been unable to dispute the explanation regarding the
criminal antecedents of the applicant.
5. I have considered the submissions made by the Learned counsels for the
parties and perused the record.
6. The applicant is in jail since 28.11.2025. Charge sheet has now been
BAIL No. 6352 of 2026
2
submitted against the applicant. The injuries found on the person of the injured
have been opined to be simple in nature and caused by hard and blunt object.
Prima facie, there doesn't appear to be any injury caused by a fire arm. The
applicant has only one previous criminal case to his credit, which resulted in a
final report. From the above mentioned facts a prima facie case for grant of
bail is made out.
7. The bail application is allowed.
8. Let the accused-applicant- Ganesh 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:
i. The applicant will not tamper with the evidence.
ii. The applicant will not indulge in any criminal activity.
iii. The applicant will not pressurize/intimidate the prosecution witnesses and
co-operate in the trial.
iv. The applicant will appear regularly on each and every date fixed by the trial
court, unless his personal appearance is exempted by the court concerned.
9. In the event of breach of any of the aforesaid conditions, the court below will
be at liberty to proceed to cancel his bail.
10. It is made clear that the applicant shall be released on the basis of
computer generated copy of this order, downloaded from the official website of
High Court Allahabad and verified by the concerned counsel with the
undertaking that the certified copy will be filed within 15 days.
11. It is further directed that the trial court shall send the release order to the
concerned jail through Bail Order Management System (BOMS) to ensure
early release of the applicant.
May 6, 2026
Fahad
(Rajiv Lochan Shukla,J.)
Digitally signed by :-
FAHAD NIYAZ
High Court of Judicature at Allahabad
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