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2025 DAILYLAW 6020 (ALL)

MOHAMMAD DILDAR v. STATE OF U.P. AND 3 OTHERS

BAIL/1458/2025 · 2025-04-21

Ashutosh Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:59984 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 1458 of 2025 Applicant :- Mohammad Dildar Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Ajay Singh Yadav Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J. Heard Shri Ajay Singh Yadav, learned counsel for the applicant, Shri Yagvalk Pandey, 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, Mohammad Dildar, seeking enlargement on bail in Case Crime No. 387 of 2024, under Sections 62, 74, 115 (2), 140 of the Bharatiya Nyaya Sanhita, 2023 and Section 9D/10 of POCSO Act, Police Station Ghaziabad Kotwali, District Ghaziabad. 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 5.9.2024. Learned counsel for the applicant submits that during investigation, the investigating officer of the case has got recorded statement of nearby persons of the place of occurrence, who said that victim was fell down at the turning point of the lane. When the applicant lifted her, then she started crying. The applicant and father of the victim are doing scarp business and due to business competition the applicant has been falsely implicated in this case. He has no criminal antecedent and there is no likelihood of his fleeing from course of justice or tampering with evidence in case of release on bail. Hence, bail has been prayed for. Learned AGA has vehemently opposed the prayer for bail. 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, Mohammad Dildar , 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 :- 22.4.2025 Ravi Prakash (Ashutosh Srivastava, J.) Digitally signed by :- RAVI PRAKASH High Court of Judicature at Allahabad