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2025 DAILYLAW 139681 (ALL)

DILSHAD @ GULEE v. STATE OF U.P. THRU. PRIN. SECY. DEPTT. OF HOME LKO.

BAIL/4062/2025 · 2025-09-19

Subhash Vidyarthi

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 4062 of 2025 Court No. - 13 HON'BLE SUBHASH VIDYARTHI, J. 1. Heard Sri Faraz Ahmad, the learned counsel for the applicant, Sri Jayant Singh Tomar, the learned A.G.A.-I for the State, Sri Shailesh Kumar Srivastava, learned counsel for the complainant and perused the record. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 41/2025, under Sections 191(2), 191(3), 109(1), 115(2), 352, 351(3) B.N.S., Police Station Lalganj, District Pratapgarh. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 06.02.2025 against eight named persons, including the applicant, stating that because of a property dispute between the parties, all the accused persons assaulted the informant and when his brother came to save him, he was also assaulted. The FIR alleges that the applicant had fired a shot with a country made pistol but no gun shot injury has been reported in the medico legal examination report. 4. Five co-accused persons have already been granted bail in the present case. 5. The State has filed a counter affidavit annexing therewith copies of the Versus Counsel for Applicant(s) : Ajeet Kumar Mishra, Faraz Ahmad, Mohammad Shahzad Ahmad, Shamshad Ahmad Counsel for Opposite Party(s) : G.A., Shailesh Kumar Srivastava Dilshad @ Gulee .....Applicant(s) State Of U.P. Thru. Prin. Secy. Deptt. Of Home Lko. .....Opposite Party(s) material collected during investigation and a copy of charge sheet dated 02.03.2025. 6. The complainant has also filed a counter affidavit annexing therewith a copy of the plaint and decree dated 20.01.2006 and it has been stated that the suit has been decided on the basis of compromise between the parties. 7. Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that although the FIR levels allegations of the applicant having fired a shot with country made pistol, no gun shot injury has been reported in the medico legal examination report; an injury suffered by the injured person has been assigned to the assault made by all the accused persons and five co-accused persons have already been granted bail; coupled with the fact that the applicant has no previous criminal history and he is languishing in jail since 07.02.2025 whereas the investigation already stands concluded, I am of the view that the aforesaid facts are sufficient for making out a case for enlargement of the applicant on bail. 10. Accordingly, this bail application stands allowed. 11. Let the applicant-Dilshad @ Gulee 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 Magistrate/Court concerned, subject to the following conditions: - (i) the applicant shall not tamper with the prosecution evidence; (ii) the applicant shall not pressurize the prosecution witnesses; (iii) the applicant shall appear on each and every date fixed by the trial court. September 19, 2025 Pradeep/- BAIL No. 4062 of 2025 2 (Subhash Vidyarthi,J.) Digitally signed by :- PRADEEP SINGH High Court of Judicature at Allahabad, Lucknow Bench