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2025 DAILYLAW 103310 (ALL)

DILSHAD QURESHI v. STATE OF U.P.

BAIL/38173/2024 · 2025-08-03

Avnish Saxena

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:130595 Court No. - 87 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 38173 of 2024 Applicant :- Dilshad Qureshi Opposite Party :- State of U.P. Counsel for Applicant :- Anand Mohan Pandey,Krishan Mohan Pandey Counsel for Opposite Party :- G.A. Hon'ble Avnish Saxena,J. 1. Heard Sri Anand Mohan Pandey, learned counsel for the applicant, learned A.G.A. for the State and perused the record. 2. The present bail application has been moved by the applicant-accused-Dilshad Qureshi for the offence punishable under Section 3(1) of U.P. Gangster and Anti Social Activities (Prevention) Act, 1986 in Case Crime No.244 of 2024, Police Station-Ghatampur, District Kanpur Nagar. 3. Learned counsel for the accused-applicant, contends that the accused is on bail in the two cases shown in the gang chart. So far as 3rd case of gang-chart, which is Case Crime No.21 of 2023 under Sections 447, 448, 386, 341, 504 and 506 I.P.C., Police Station Ghatampur, District Kanpur Nagar, is concerned, the applicant does not have any whereabout of the same as is mentioned in paragraph-7 of the bail application. There is no conviction in any case. He is incarcerated since long. As such, he prays that the accused/applicant be enlarged on bail. 4. Learned A.G.A. has opposed the prayer for bail and submitted that the accused-applicant is a habitual offender and does not deserve bail, but conceded that the criminal history is explained. 5. This court has taken into consideration the rival submissions made by learned counsel for the parties and perused the records. 6. The criminal history and the nature of offences mentioned in the criminal history has been considered. The records, prima facie, reveals that there are three cases mentioned in the gang chart, out of which in two cases, the accused is on bail. So far as 3rd case of gang-chart, which is Case Crime No.21 of 2023 under Sections 447, 448, 386, 341, 504 and 506 I.P.C., Police Station Ghatampur, District Kanpur Nagar, is concerned, the applicant does not have any whereabout of the same as is mentioned in paragraph-7 of the bail application. There is nothing on record to show that the accused-applicant has interfered in the investigation or influenced the witnesses. He is in jail since 03.06.2024. 7. Hence, without touching merit of the case, the bail application is allowed. 8. The accused/applicant be released on bail in the aforesaid case on furnishing a personal bond and two sureties each in the like amount to the satisfaction of court concerned in view of observation made by the Supreme Court in its dictums of Girish Gandhi Vs. State of Uttar Pradesh [(2024) 10 SCC 674] and Policy Strategy for grant of bail in re [(2024)10SCC 685]. 9. The accused-applicant shall cooperate in judicial process for fair and speedy disposal. Order Date :- 4.8.2025 MN/- (Avnish Saxena,J.) Digitally signed by :- MAHENDRA NATH High Court of Judicature at Allahabad