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2025 DAILYLAW 22503 (ALL)

DAWOOD v. STATE OF U.P.

BAIL/6653/2025 · 2025-05-19

Mayur Jain Jt Registrar J Listing

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Court No. - 67 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6653 of 2025 Applicant :- Dawood Opposite Party :- State of U.P. Counsel for Applicant :- Afzal Ahmad Khan Durrani,Dhruva Narayan Tripathi,Rohit Sharma,Shirin Hilal Khan Counsel for Opposite Party :- G.A. Hon'ble Chandra Dhari Singh,J. 1. The instant bail application has been filed under Section 483 of BNSS, seeking regular bail in Case Crime No. 0363 of 2024 under Sections 140(2), 309(6), 351(3) & 317(2) of BNS, Police Station - Allahganj, District - Shahjahanpur during pendency of the trial. 2. Learned counsel appearing on behalf of the applicant has submitted that the applicant is innocent person and has not committed any offence as alleged in the FIR. He has been falsely implicated in this case due to ulterior motive. The F.I.R. has been lodged against one named and three unnamed accused persons. Applicant is named in the F.I.R. The applicant is languishing in jail since 25.12.2024. Applicant is a man of clean antecedents and he has no criminal history. It is further submitted that other co- accused persons Haseeb and Abid have already been granted bail vide orders dated 13.05.2025 & 17.04.2025 passed in Criminal Misc. Bail Application No. 13987 of 2025 and 10240 of 2025, respectively. It is also undertaken on behalf of the applicant that he shall abide by all terms and conditions as imposed by the Court while granting bail. 3. Per contra, learned counsel appearing on behalf of the State has vehemently opposed the instant bail application but he has not contradicted the aforesaid facts as stated by the learned counsel appearing on behalf of applicant during argument. 4. Heard learned counsel for the applicant, Sri Afzal Ahmad Khan Durrani, Sri Rajesh Kumar Gupta, learned AGA and perused the material available on record. 5. Taking into consideration of aforesaid reasons as stated above and the fact, without expressing any opinion on the merit of the case, I am inclined to grant bail to the applicant. Accordingly, the bail application is allowed. 6. Let the applicant - Dawood, who is involved in the aforementioned case crime be released on bail on his furnishing a personal bond of Rs. 50,000/- (Rupees Fifty thousand) 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 applicant is 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 him in accordance with law. 7. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. Order Date :- 20.5.2025 VS (Chandra Dhari Singh,J.) Digitally signed by :- VIBHA SINGH High Court of Judicature at Allahabad Digitally signed by :- VIBHA SINGH High Court of Judicature at Allahabad