Dilshad Khan vs State of U.P. Thru. Prin. Secy. Home Deptt. Lko. — Allahabad HC (2025) — LawSathi Research

Dilshad Khan vs State of U.P. Thru. Prin. Secy. Home Deptt. Lko. — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Applicant Dilshad Khan to be released on bail in Case Crime/FIR No. 304 of 2025 under Section 2(b)(i)/3 of the U.P. Gangster Act, 1986, P.S. Amethi, District Amethi, on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the Magistrate/Court concerned, subject to conditions: (i) no tampering with prosecution evidence; (ii) no pressurising prosecution witnesses; (iii) appearance on each date fixed by the trial Court; (iv) undertaking on affidavit in terms of Section 19(4) of the U.P. Gangster and Anti Social Activities (Prevention) Act, 1986; with liberty to the trial court/concerned court to impose any other condition it deems fit.

Issue for consideration

Whether the accused-applicant Dilshad Khan, involved in Case Crime/FIR No. 304 of 2025 under Section 2(b)(i)/3 of the U.P. Gangster Act, 1986 (Police Station Amethi, District Amethi), should be enlarged on bail, considering his custody since 03.10.2025, his bail status in the gang-chart cases and his criminal history.

Court's answer

Considering that the applicant has languished in jail since 03.10.2025, is already on bail in the three cases named in the gang chart, and has explained his criminal history, the Judge found it a fit case for enlarging the applicant on bail on the ground of parity.

Ratio / Principle

The bail application was allowed on the ground of parity, and the applicant was ordered to be released on bail on furnishing a personal bond and two sureties each in the like amount, subject to specified conditions (including non-tampering with evidence, non-pressurising witnesses, attendance on every date fixed by the trial Court, and an undertaking on affidavit in terms of Section 19(4) of the U.P. Gangster and Anti Social Activities (Prevention) Act, 1986).

Key takeaways

The observations made in the order are confined to the present bail application and shall have no bearing on the merits of the trial.obiter¶27

Detailed headnote1 paragraphs

Allahabad High Court (Lucknow Bench), Karunesh Singh Pawar, J. — Criminal Misc. Bail Application No. 11772 of 2025 (decided December 16, 2025): Bail application of Dilshad Khan, booked in Case Crime/FIR No. 304 of 2025 under Sections 2(b)(i)/3 of the U.P. Gangster Act, 1986 (P.S. Amethi, District Amethi), ALLOWED ON THE GROUND OF PARITY. Grounds: applicant in custody since 03.10.2025; already enlarged on bail in all three cases shown in the gang chart (bail orders at Annexures 1–3) and in three of four additional criminal-history cases (Annexures 4–6); no summons or notice received in Case Crime No. 57 of 2023. A.G.A.'s opposition did not dispute these facts. Release ordered on personal bond and two sureties each in the like amount, subject to conditions including an undertaking on affidavit in terms of Section 19(4) of the U.P. Gangster and Anti Social Activities (Prevention) Act, 1986; observations expressly confined to the bail application, with no bearing on the merits of the trial.

HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW

CRIMINAL MISC. BAIL APPLICATION No. - 11772 of 2025

Dilshad Khan

.....Applicant(s)

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