Ganesh Dixit vs State Of U.P.

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 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.

(Rajiv Lochan Shukla,J.)

May 6, 2026

Fahad