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2025 DAILYLAW 36584 (ALL)

IMRAT ALIAS DILSHAD AND ANOTHER v. STATE OF U.P.

BAIL/11721/2025 · 2025-05-01

Mayur Jain Jt Registrar J Listing

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:70264 Court No. - 67 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 11721 of 2025 Applicant :- Imrat Alias Dilshad And Another Opposite Party :- State of U.P. Counsel for Applicant :- Ravi Shankar Tripathi 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 Sessions Case No. 1489 of 2024 arising out Case Crime No. 128 of 2024 under Sections 392, 411 IPC, Police Station - Zarif Nagar, District - Budaun. 2. Learned counsel appearing on behalf of the applicants has submitted that the applicant are innocent persons and have not committed any offence as alleged in the FIR. The applicants were not named in the FIR. They have been falsely implicated in this case. It is submitted that criminal history of the applicants has been explained in paragraph no. 3 of the supplementary affidavit filed in support of the bail application. It is next submitted that charge sheet has been filed after completion of the investigation on 20.5.2024 and cognizance has been taken on 12.7.2024. It is further submitted the co-accused Ishrat Alias Asif Alias Chairman has already been enlarged on bail by the coordinated Bench of this Court vide order dated 17.10.2024 passed in Criminal Misc. Bail Application No. 35449 of 2024 and another similarly placed co- accused Junaid Khan Alias Amir Khan has also been granted bail by co-ordinate Bench of this Court vide order dated 5.4.2025 passed in Criminal Misc. Bail Application No. 11009 of 2025 and, therefore, the applicants are also entitled to be released on bail on the ground of parity. The applicants are languishing in jail since 12.5.2024. It is also undertaken on behalf of the applicants that they 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 has not contradicted the facts as stated by the learned counsel appearing on behalf of applicant during argument. 4. Heard learned counsel for the applicant and Sri Rakesh Kumar Mishra, learned AGA for the State and perused the material available on record. 5. Taking into consideration of aforesaid reasons as stated above and the fact that similarly placed co-accused Ishrat Alias Asif Alias Chairman and Junaid Khan Alias Amir Khan have already been granted bail by the co-ordinate Bench of this Court, without expressing any opinion on the merit of the case, I am inclined to grant bail to the applicants. Accordingly, the bail application is allowed. 6. Let the applicants - Imrat @ Dilshad and Arbaz @ Abraz @ Balla, who are involved in the aforementioned case crime be released on bail on their furnishing a personal bond of Rs. 50,000/- (Rupees Fifty thousand) and two sureties each separately 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 :- 2.5.2025 S.K.S. (Chandra Dhari Singh,J.) Digitally signed by :- SUNIL KUMAR SINGH High Court of Judicature at Allahabad