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2025 DAILYLAW 166462 (ALL)

DILSHAD v. STATE OF U.P. THRU. ADDL. CHIEF SECY. HOME U.P. LKO.

/9142/2025 · 2025-09-23

Subhash Vidyarthi

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 9142 of 2025 Court No. - 13 HON'BLE SUBHASH VIDYARTHI, J. 1. Heard Shri Rajesh Kumar Srivastava, learned counsel for the applicant, Shri Virendra Kumar, learned A.G.A.-I for the State and perused the records. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No.0197 of 2025, under Sections 109 BNS, Sections 3/25, 4/25 of Arms Act and Section 11 of Prevention of Cruelty to Animals Act, registered at Police Station Salon, District Raebareli. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged the Inspector In-charge on 22.05.2025 against two persons, including the applicant, stating that on the basis of an information received from a mukhbir, the police apprehended the accused persons. Both the accused persons fired gun shots but no police person was injured from those shots. Two Sub-Inspector of Police fired two gun shots causing gun shot injury to both the accused persons. Two country made pistols, knife, banka etc. were recovered from the accused persons. 4. In the affidavit filed in support of the bail application, it has been stated that the applicant is innocent and he has been falsely implicated in the present case. The applicant's involvement in four other criminal cases has been disclosed in para 13 of the affidavit, in all of which he has been granted bail. The applicant's involvement in two more criminal cases has been disclosed by filing a supplementary affidavit and in those cases, the applicant has been released on bail. 5. Learned A.G.A.-I has opposed the bail applicant and he has submitted that the allegations have been established during the investigation and a charge Versus Counsel for Applicant(s) : Rajesh Kumar Srivastava Counsel for Opposite Party(s) : G.A. Dilshad .....Applicant(s) State Of U.P. Thru. Addl. Chief Secy. Home U.P. Lko. .....Opposite Party(s) sheet has been submitted on 10.07.2025. 6. Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the F.I.R. alleges that both the accused persons had fired gun shots on the police personnel but no police personnel has received injury in the incident and both the accused persons have suffered gun shot injuries; that the alleged recovery has not been witnessed by any independent person and that the applicant is languishing in jail since 22.05.2025 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 in the aforesaid crime. 7. Accordingly, this bail application stands allowed. 8. Let the applicant - Dilshad be released on bail in the aforementioned case on furnishing a personal bond and two sureties each in the like amount to the satisfaction of Magistrate/Court concerned, subject to 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 23, 2025 S. Shivhare BAIL No. 9142 of 2025 2 (Subhash Vidyarthi,J.) Digitally signed by :- SHASHANK SHIVHARE High Court of Judicature at Allahabad, Lucknow Bench