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2025 DAILYLAW 40330 (ALL)

DILSHAD ALIAS DILLU v. STATE OF U.P.

BAIL/11935/2025 · 2025-04-10

Ashutosh Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:53718 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 11935 of 2025 Applicant :- Dilshad Alias Dillu Opposite Party :- State of U.P. Counsel for Applicant :- Sushil Kumar Pandey Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J. Heard Shri Sushil Kumar Pandey, learned counsel for the applicant, Shri Anil Kumar Singh, learned AGA for the State- respondents and perused the record. This bail application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 has been moved on behalf of accused- applicant, Dilshad Alias Dillu , seeking enlargement on bail in Case Crime No. 1119 of 2012, under Sections 3/5/8 of Cow Slaughter Act, Police Station Kotwali City, District Muzaffar Nagar. 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 18.3.2025. Learned counsel for the applicant submits that applicant was not arrested from the spot. Nothing incriminating article has been recovered from the possession of the applicant. He has 08 cases criminal antecedent, which have sufficiently been explained and there is no likelihood of his fleeing from course of justice or tampering with evidence in case of release on bail. Learned counsel for the applicant submits that similarly circumstanced co- accused Asif @ Dhurmat has already been enlarged on bail by co- ordinate Bench of this Court on 20.4.2017 in Criminal Misc. Bail Application No. 14363 of 2017. Hence, bail has been prayed for. Per contra learned A.G.A. has opposed the prayer for bail of the applicant, but submits that similarly circumstanced aforesaid co- accused has already been granted bail by this Court. Considering all above 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. Accordingly, the bail application is allowed. Let the accused-applicant, Dilshad Alias Dillu , 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: 1. The applicant will not tamper with the evidence. 2. The applicant will not indulge in any criminal activity. 3. The applicant will not pressurize/intimidate the prosecution witnesses and co-operate in the trial. 4. 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. 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 :- 11.4.2025 Ravi Prakash (Ashutosh Srivastava, J.) Digitally signed by :- RAVI PRAKASH High Court of Judicature at Allahabad