The High Court of Allahabad allowed a bail application filed by Dilshad Khan. Relying on the principle of parity with previous bail orders in his other cases, the court granted bail despite his criminal history.
The applicant was released on bail on furnishing a personal bond and two sureties subject to specific conditions.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW
CRIMINAL MISC. BAIL APPLICATION No. - 11772 of 2025
Dilshad Khan
Versus
State Of U.P. Thru. Prin. Secy. Home Deptt. Lko.
| .....Opposite Party(s) |
|
|---|---|
| Counsel for Applicant(s) | : Ashish Kumar |
| Counsel for Opposite Party(s) | : G.A. |
Court No. - 15
HON'BLE KARUNESH SINGH PAWAR, J.
The affidavit filed today is taken on record.
Heard learned counsel for the accused-applicant as well as learned A.G.A. for the State and perused the record.
Learned counsel for the accused-applicant, while pressing the bail application, submits that in the gang chart, three cases have been shown against the applicant. In all those cases, the applicant has already been enlarged on bail. The bail orders are on record as Annexure Nos. 1 to 3 to the bail application.
Apart from the cases mentioned in the gang chart, the applicant has a criminal history of four other cases. Out of these, the applicant has been granted bail in three cases, and the corresponding bail orders are on record as Annexure Nos. 4 to 6 to the bail application. In Case Crime No. 57 of 2023, the applicant has not received any summons or notice.
It has been further submitted that applicant is in jail since 03.10.2025 and, if facility of bail is granted, there is no apprehension that he will flee from the judicial process and he will abide by the orders passed by the Court below and will co-operate in speedy trial of the case.
Learned A.G.A. has opposed the prayer for bail but has not disputed the factual submissions made by the learned counsel for the accused-applicant.
On due consideration of the facts that the applicant has been languishing in jail since 03.10.2025, in three cases mentioned in the gang chart, he is on
BAIL No. 11772 of 2025
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bail and has explained the criminal history, I find it to be a fit case for enlarging the applicant on bail on the ground of parity.
Accordingly, the bail application is allowed on the ground of parity.
Let the applicant- Dilshad Khan, involved in Case Crime/FIR No. 304 of 2025 under Section 2(b)(i)/3 of U.P. Gangster Act, 1986, Police StationAmethi, District-Amethi, be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of Magistrate/Court concerned, subject to following conditions:-
(i) the applicant shall not tamper with the prosecution evidence;
(ii) the applicant shall not pressurize the prosecution witnesses;
(iii) the applicant shall appear on each and every date fixed by the trial Court.
(iv) The applicant shall submit an undertaking on affidavit in terms of Section 19 (4) of the U.P. Gangster and Anti Social Activities (Prevention) Act, 1986 that he will not indulge in any case for or misuse the liberty of bail.
Any other condition(s) which the trial court/concerned court may deem fit and proper, in the circumstances of the case, may also be imposed.
It is clarified that the observations made in this order are confined to the present bail application and shall have no bearing on the merits of the trial.
December 16, 2025 Vinay/-
(Karunesh Singh Pawar,J.)
Digitally signed by :- VINAY KUMAR High Court of Judicature at Allahabad, Lucknow Bench
1 issue framed by the court
Whether the applicant should be enlarged on bail given his criminal history and current detention.
2 provisions across 2 enactments
Dilshad Khan
State Of U.P.
Karunesh Singh Pawar
As recorded by the court registry
4 orders share this CNR
Judgements on the same questions, provisions and authorities, from every court
