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2026 DAILYLAW 10930 (ALL)

MOHD DILSHAD v. STATE OF U.P.

BAIL/35120/2026 · 2026-09-30

Jai Prakash Tiwari

body2026

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 35120 of 2026 Court No. - 70 HON'BLE JAI PRAKASH TIWARI, J. Heard learned counsel for the applicant, learned AGA for the State and perused the record. The instant bail application has been filed with a prayer to enlarge the applicant on bail in Case Crime No. 216 of 2024, under Sections 310(2), 61(2) BNS, Police Station Sayed Raja, District Chandauli, during the pendency of trial. Learned counsel for the applicant submits that the applicant was not named in the first information report and has been falsely implicated in the instant case. The name of the applicant was disclosed by the co- accused Sunil Yadav alias Nanhke. Nothing has been recovered from the possession of the applicant. Other co-accused namely Sunil Yadav alias Nanhke, Masid and Sameer, Shahjad Ali have already been granted bail by the co-ordinate Bench of this Court vide orders dated 10.3.2025, 17.2.2026 and 20.8.2026 passed in Criminal Misc. Bail Application Nos. 6175 of 2025, 40176 of 2025 and 29351 of 2026, respectively. The case of the applicant is on better footing to that of co-accused. Criminal history of the applicant has been explained in para 9 of the instant bail applicant. The applicant is in jail since 1.9.2026 and in case he is enlarged on bail, he will not misuse the said liberty. Per contra, learned AGA, however, opposed the prayer for bail, but could not dispute the fact that the co-accused of the applicant have already Versus Counsel for Applicant(s) : Anand Kumar Singh, Vijay Pratap Singh Counsel for Opposite Party(s) : G.A. Mohd Dilshad .....Applicant(s) State of U.P. .....Opposite Party(s) enlarged on bail by this Court. Keeping in view the nature of the offence, evidence, complicity of the accused, severity of the punishment, and submissions of learned counsel for the parties, as well as co-accused of the applicant has already granted bail by this Court, this Court is of the view that the applicant is entitled to be enlarged on bail during the pendency of the trial. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. Let the applicant-Mohd. Dilshad be released on bail in the aforesaid case on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:- (i) The applicant shall appear before the trial court on the dates fixed, unless his personal presence is exempted. (ii) The applicant shall not directly or indirectly, make inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or any police officer or tamper with the evidence. (iii) The applicant shall not indulge in any criminal and anti-social activity. In case of breach of any of the above condition, the prosecution will be at liberty to move an application before this Court for cancellation of the bail of the applicant. It is clarified that the observations made herein are limited to the facts brought in by the parties pertaining to the disposal of bail application and the said observations shall have no bearing on the merits of the case during trial. October 1, 2026 Brijesh BAIL No. 35120 of 2026 2 (Jai Prakash Tiwari,J.) Digitally signed by :- BRIJESH KUMAR High Court of Judicature at Allahabad