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2025 DAILYLAW 36424 (ALL)

DILSHAD v. STATE OF U.P.

BAIL/11158/2025 · 2025-04-06

Ashutosh Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:49343 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 11158 of 2025 Applicant :- Dilshad Opposite Party :- State of U.P. Counsel for Applicant :- Sandeep Tripathi Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J. 1. Heard learned counsel for the applicant, learned counsel for the first informant, Shri Ari Mardan Yadav, learned AGA for the State- opposite party and perused the record. 2. This bail application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 has been moved on behalf of accused- applicant, Dilshad, seeking enlargement on bail in Case Crime No. 22 of 2025, under Sections 190, 191(2), 191(3), 109(1), 115(2), 352, 351(2), 3(5) of the Bharatiya Nyaya Sanhita, 2023, Police Station Kairana, District Shamli. 3. Learned counsel for the applicant argued that the accused- applicant is innocent. He has been falsely implicated in this very case crime number and is languishing in jail since 14.01.2025. He has no criminal history, which is explained in para no. 22 of the bail application, and there is no likelihood of his fleeing from course of justice or tampering with evidence in case of release on bail. 4. Learned counsel for the applicant submits that no offence as alleged in the FIR has been made out against the applicant. The F.I.R. dated 12.01.2025 has been lodged against 20 named accused persons and 10 unknown, applicant is not named in the F.I.R. Both the sides have received injuries. No specific role has been assigned to the applicant. It is very difficult to decide that who is the author of the alleged injuries. Applicant was not preset at the spot at the time of alleged incident. Hence, bail has been prayed for. 5. Learned AGA has vehemently opposed the bail application but could not dispute the aforesaid facts. 6. Considering all those facts and circumstances, the nature of accusations, severity of the punishment in the case of conviction and nature of supporting evidence, reasonable apprehension of tampering with the witness and prima facie case, but without commenting on merit of case, a case for bail is made out. 7. Accordingly, the bail application is allowed. 8. Let the accused-applicant, Dilshad, involved in above mentioned case crime number be released on bail, on his executing a personal bond and two reliable sureties each, in the like amount to the satisfaction of the court concerned, subject to the following conditions: i. The applicant will not tamper with the evidence. ii. The applicant will not indulge in any criminal activity. iii. The applicant will not pressurize/intimidate the prosecution witnesses and co-operate in the trial. iv. The applicant will appear regularly on each and every date fixed by the trial court, unless his personal appearance is exempted through counsel by the court concerned. 9. In the event of breach of any of the aforesaid conditions, the court below will be at liberty to proceed to cancel his bail. Order Date :- 7.4.2025 Ravi Prakash (Ashutosh Srivastava, J.) Digitally signed by :- RAVI PRAKASH High Court of Judicature at Allahabad