Dilshad v. State of U.P

Court No. - 44 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 48347 of 2023 Applicant :- Dilshad Opposite Party :- State of U.P. Counsel for Applicant :- Chandra Prakash Pandey,Phool Chandra Saroj Counsel for Opposite Party :- G.A. Hon'ble Pankaj Bhatia,J.

¶1Supplementary affidavit filed today is taken on record.

¶2Heard learned counsel for the applicant as well as learned A.G.A. and perused the record.

¶3The FIR in question was lodged against three unknown persons. Subsequently, based upon the statement of co-accused, the applicant was implicated with the offence in question.

¶4It is argued by the Counsel for the applicant that the main co-accused, who was arrested has been enlarged on bail. The criminal history of the applicant has been duly explained in para 10 of the bail application.

¶5Learned A.G.A. vehemently opposed the bail prayer.

¶6Considering the fact that the applicant was not named in the FIR, his name surfaced in the statement of co-accused, who has been enlarged on bail, I am of the view that the applicant is entitled to be released on bail. Accordingly, the bail application is allowed.

¶7Let the applicant Dilshad be released on bail in FIR/ Case Crime No.190 of 2023, under Section 394 IPC, Police Station Rakabganj, District Agra on his furnishing personal bonds and two reliable sureties of Rs.25,000/- each to the satisfaction of the court concerned with the following conditions:

(a) The applicant shall execute a bond to undertake to attend the hearings;

(b) The applicant shall not commit any offence similar to the offence of which he is accused or suspected of the commission; and

(c) The applicant shall not directly or indirectly make any 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 to any police officer or tamper with the evidence. Order Date :- 9.11.2023 akverma High Court of Judicature at Allahabad