HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 16388 of 2026 Court No. - 64 HON'BLE VIVEK VARMA, J. 1. Heard learned counsel for the applicant, Sri N.K. Sharma, learned A.G.A. for the State and perused the record. 2. The present bail application has been filed with a prayer to enlarge the applicant on bail in Case Crime No. 449 of 2019, under Sections 147, 148, 149, 332, 307, 188, 336, 353, 427, 151, 436, 304, 120B, 109, 153A, 504, 506 I.P.C., 2/3 Prevention of Damages to Public Property Act & 7 Criminal Law Amendment Act, Police Station- Nehtaur, District- Bijnor during pendency of the trial. 3. Counsel for the applicant submits that the applicant was not named in the first information report and has been falsely implicated in the present case. As per the first information report, nine named accused and 550 to 600 unknown persons are nominated. The name of the applicant surfaced during the course of investigation. Co-accused Kamar Ahmad, Javed and Shamshuddin were arrested at the spot. During the course of investigation two persons namely Anas and Suleman, who had suffered injuries in the alleged incident, died. Thereafter, section 304 I.P.C. was added. It is next contended that the father of the Versus Counsel for Applicant(s) : Saurabh Tripathi, Shantanu Srivastava Counsel for Opposite Party(s) : G.A. Dilshad Shabban .....Applicant(s) State of U.P. .....Opposite Party(s) deceased Anas also filed an application levelling allegations against the police personnel. The said application is also part of the case diary. Vague and general allegations have been levelled against the applicant. The applicant came to know about the pendency of the present proceeding only on 12.10.2025. The named co-accused Kamar Ahmad and Mohd. Yunus have been granted bail by this Court vide orders dated 18.6.2020 and 11.05.2026 passed in Criminal Application Bail No.14718 of 2020 (Kamar Ahmad vs. State of U.P.) and Criminal Misc. Bail Application No. 14763 of 2026 (Mohd. Yunush v. State of U.P.). The applicant claims parity. The applicant is in jail since 25.03.2026 having no criminal history. In case he is enlarged on bail, he will not misuse the said liberty. 4. Learned A.G.A. for the State opposed the prayer for bail but could not satisfactorily dispute the aforesaid submissions from the record. 5. Having heard counsel for the parties and having perused the record, this Court prima facie finds that the applicant was not named in the first information report. The name of the applicant surfaced during the course of investigation. Vague and general allegations have been levelled against the applicant. The named co-accused Kamar Ahmad and Mohd. Yunus have been granted bail by this Court. Further the applicant has presently remained confined for more than one month and there is no hope of early conclusion of trial, more so when no reasonable apprehension has been brought to the fore by the State that the applicant, if enlarged on bail, would either tamper with the evidence or intimidate the witness, without commenting on the merits of the case, I am of the opinion that the applicant is entitled to be enlarged on bail. 6. Let the applicant- Dilshad Shabban, involved in the aforesaid case, be released on bail on his furnishing a personal bond and two sureties each of the like amount to the satisfaction of court concerned on the following conditions that: BAIL No. 16388 of 2026 2 i. the applicant shall not tamper with the prosecution evidence; ii. the applicant shall not pressurize the prosecution witness; iii. the applicant shall appear on each and every date fixed by the trial court. 7. In case of breach of any of the above conditions, the prosecution shall be at liberty to move bail cancellation application before this Court. May 14, 2026 S.S. BAIL No. 16388 of 2026 3 (Vivek Varma,J.) Digitally signed by :- SIDDHARTH SRIVASTAVA High Court of Judicature at Allahabad