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2025 DAILYLAW 171183 (ALL)

DILSHAD v. STATE OF U.P. AND ANOTHER

NABAIL/8428/2025 · 2025-10-29

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 8428 of 2025 Court No. - 72 HON'BLE JITENDRA KUMAR SINHA, J. 1. Heard Sri Vijendra Pal, learned counsel for the applicant and Sri O.P. Singh, learned A.G.A. for the State and perused the record. 2. Present application has been moved seeking anticipatory bail in Case Crime No. 279 of 2025, under Sections 305, 331(4) of B.N.S., Police Station Iglas, District Aligarh with the prayer that in the event of arrest, applicant may be released on bail. 3. It is contended by the learned counsel for the applicant that applicant is innocent and he has an apprehension that he may be arrested in the above- mentioned case. He further submits that no offence is made out against the applicant as the first information report has been lodged against unknown persons. It is further submitted that name of the applicant has surfaced during investigation on the confessional statement of the co-accused Saddam, Nasim and Munesh who have been arrested in case crime no. 375 of 2025 and on the basis of their confessional statement, eight cases were registered against the applicant and the applicant has been enlarged on bail in six cases by this Court. It was also submitted that applicant undertakes to co-operate during trial and he would appear as and when required by the investigating agency or Court. It has been stated that in case, applicant is granted anticipatory bail, he shall not misuse the liberty of bail and will co- operate with the investigation and would obey all conditions of bail. 4. On the other hand, learned A.G.A. has opposed the application for anticipatory bail, however, he does not dispute the factual aspect. Versus Counsel for Applicant(s) : Vijendra Pal Counsel for Opposite Party(s) : G.A. Dilshad .....Applicant(s) State of U.P. and Another .....Opposite Party(s) 5. The applicant is not named in the first information report and his name has surfaced during investigation on the confessional statement of the co- accused Saddam, Nasim and Munesh who have been arrested in case crime no. 375 of 2025 and on the basis of their confessional statement, eight cases were registered against the applicant and the applicant has already been granted anticipatory bail in 6 cases by this Court. 6. It may be stated that in case of Siddharam Satlingappa Mhetre v. State of Maharashtra, (2011) 1 SCC 694, it has been held by Hon'ble Supreme Court that while deciding anticipatory bail, the Court must consider nature and gravity of accusation, antecedent of accused, possibility of accused to flee from justice and that Court must evaluate entire available material against the accused carefully and that the exact role of the accused has also to be taken into consideration. 7. In the instant case, considering the settled principle of law regarding anticipatory bail, submissions of the learned counsel for the parties, nature of accusation, role of applicant and all attending facts and circumstances of the case, without expressing any opinion on merits, a case for anticipatory bail is made out. 8. The anticipatory bail application is allowed. 9. In the event of arrest of the applicant- Dilshad involved in the aforesaid case crime, he shall be released on anticipatory bail on his furnishing a personal bond of Rs. 50,000/- with two sureties each in the like amount to the satisfaction of the Court concerned, with the following conditions :- (i) The applicant shall not tamper with evidence and that he would appear before the trial Court on the date fixed unless exempted by the Court concerned; (ii) The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him/her/them from disclosing such facts to the Court or to any police officer; (iii) The applicant would cooperate during trial and would not misuse the liberty of bail. (iv) The applicant shall not leave India without prior permission of the Court NABAIL No. 8428 of 2025 2 concerned. 10. In default of any of the conditions, the prosecution shall be at liberty to file appropriate application for cancellation of anticipatory bail granted to the applicant herein. October 30, 2025 RKM NABAIL No. 8428 of 2025 3 (Jitendra Kumar Sinha,J.) Digitally signed by :- RAJESH KUMAR MAURYA High Court of Judicature at Allahabad