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2025 DAILYLAW 105515 (ALL)

DILSHAD AND ANOTHER v. STATE OF U.P.

BAIL/40027/2024 · 2025-07-15

Ashutosh Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:115051 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 40027 of 2024 Applicant :- Dilshad And Another Opposite Party :- State of U.P. Counsel for Applicant :- Ashish Pandey,Santosh Kumar Mishra Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J. Heard Sri Santosh Kumar Mishra, learned counsel for the applicants, Sri Arimardhan Yadav, learned AGA for the State Respondent and perused the record. The instant bail application has been filed under Section 483 of BNSS, seeking regular bail in Case Crime No. 217 of 2024, under Sections 191(2), 191(3), 190, 109, 115(2), 352, 351(2), 324, 74, 331(6), 3(5), 103(2), 61(2) of BNS, Police Station Shahi, District Bareilly. Learned counsel appearing on behalf of the applicants has submitted that the applicants are innocent person and have not committed any offence as alleged in the FIR. They have been falsely implicated in this case due to ulterior motive. It is further submitted that similarly placed co-accused about 35 persons have already been granted bail by Co-ordinate Benches of this Court, copy whereof have been supplied to the Court, therefore, the applicants are also entitled to be released on bail on the ground of parity. He submits that the applicants have no criminal history to their credit. The applicants are languishing in jail since 20.07.2024. It is also undertaken on behalf of the applicants that they shall abide by all terms and conditions as imposed by the Court while granting bail. Per contra, learned counsel appearing on behalf of the State has vehemently opposed the instant bail application but he could not dispute the aforesaid facts as stated by the learned counsel appearing on behalf of applicants. Heard learned counsel for the applicants, learned AGA for the State Respondent and perused the material available on record. Taking into consideration of aforesaid reasons as stated above and the fact that similarly placed co-accused persons have already been granted bail by this Court, without expressing any opinion on the merit of the case, I am inclined to grant bail to the applicants. Accordingly, the bail application is allowed. Let the applicants, Dilshad and Husnain, who are involved in the aforementioned case crime be released on bail on his furnishing a personal bond of Rs. 50,000/- (Rupees Fifty thousand - separately) and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions. Further, before issuing the release order, the sureties be verified. (i). The applicant shall not tamper with the evidence, (ii) The applicant shall remain present, in person, before the trial court on dates fixed for (1) opening of the case, (2) framing of charge and (3) recording of statement under Section 313 Cr.P.C./351 BNSS. If in the opinion of the Trial Court absence of the applicants are deliberate of without sufficient cause, then it shall be open for the Trial Court to treat such default as abuse of liberty of bail and proceed against them in accordance with law. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. Order Date :- 16.7.2025 pks Digitally signed by :- PAWAN KUMAR SINGH High Court of Judicature at Allahabad