Dilnawaz Vs State of U.P. — Allahabad HC (2025) — LawSathi Research

Dilnawaz Vs State of U.P. — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Accused-applicant Dilnawaz enlarged on bail subject to furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned.

Issue for consideration

Whether bail should be granted to the accused-applicant Dilnawaz, who is not named in the FIR, from whose possession no recovery was made, who has no criminal history and to whom no specific role was assigned. +1 more

Court's answer

Reviewing the record, the court found the accused not named in the FIR, no recovery made from his possession, no criminal history to his credit, and no specific role assigned to him.

Ratio / Principle

Taking rival submissions into consideration, and without examining the merits of the case, the court allowed the bail application.

Key takeaways

The court ordered the accused-applicant to be enlarged on bail subject to furnishing a personal bond and two sureties each in the like amount, to the satisfaction of the court concerned.ratio¶¶11

Detailed headnote1 paragraphs

BAIL ALLOWED WITHOUT TOUCHING MERITS — Allahabad HC, Court No. 87 (Neu. Cit. 2025:AHC:111666), CRIMINAL MISC. BAIL APPLICATION No. 16872 of 2025, decided 11.7.2025 by Hon'ble Avnish Saxena, J. Applicant Dilnawaz sought bail in Case Crime No. 337 of 2024, PS Kotwali Sambhal, Dist. Sambhal, punishable under Sections 191(2), 191(3), 190, 109(1), 125A, 125B, 221, 132, 121(1), 121(2), 324(4), 223(b), 326(f) of B.N.S., Section 7 of Criminal Law Amendment Act and Section 3/4 Public Property Damages (Prevention) Act. Background: mob offence when a survey team went to inspect a Mosque; FIR named 21 accused for breach of public peace, damage to public property, hurt to police personnel and snatching of magazines and pallets from police personnel. Record findings favouring bail: applicant not named in FIR (his name figured via statements of co-accused); charge sheet filed; no recovery from his possession; no criminal history; no specific role assigned; in jail since 10.01.2025; AGA (Rupak Chaubey) conceded that other co-accused had been granted bail by a coordinate Bench. Held: perusal of record confirmed the above, and 'without touching the merit of the case' the bail application was allowed; enlargement ordered on a personal bond and two sureties each in the like amount, to the satisfaction of the court concerned.

Neutral Citation No. - 2025:AHC:111666

Court No. - 87

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 16872 of 2025

Applicant :- Dilnawaz Opposite Party :- State of U.P. Counsel for Applicant :- Preeti Yadav,Ramesh Chandra Yadav Counsel for Opposite Party :- G.A.

Hon'ble Avnish Saxena,J.

The present bail application has been moved by the applicantaccused Dilnawaz for the offence punishable under Sections 191(2), 191(3), 190, 109(1), 125A, 125B, 221, 132, 121(1), 121(2), 324(4), 223(b), 326(f) of B.N.S., Section 7 of Criminal Law Amendment Act and Section 3/4 Public Porperty Damages (Prevention) Act, in Case Crime No. 337 of 2024, Police StationKotwali Sambhal, District Sambhal.

Mr. Ramesh Chandra Yadav, learned advocate, appears on behalf of applicant and submits that accused-applicant has been falsely implicated in the present case. He further submits that the accused-applicant is not named in the FIR. The FIR has been registered against 21 named accused person for breaching of peace and damage to public property. The name of accusedapplicant has figured up in the statement of co-accused. No specific role has been assigned to the accused-applicant. Learned counsel for the accused-applicant next submitted that no recovery has been made from the possession of accused-applicant. The charge sheet has been submitted in the matter. There is no criminal history to the credit of the accused-applicant. The accused-applicant is in jail since 10.01.2025.

Per contra , Sri Rupak Chaubey, learned AGA-I^st opposed the prayer for bail and submits that the charge sheet has been submitted against the accused-applicant. Though concedes that other co-accused have been granted bail by the coordinate Bench of this Court.

Taken into consideration the rival submissions made by the parties and perused the record.

The perusal of the record reveals that the accused is not named in the FIR. The police has registered the FIR against 21 named accused person for the breach of public peace, damage to public property, hurt caused to the police personnel and also for snatching the magazines and pallets from the possession of the police personnel. No recovery has been made from the possession of the accused-applicant. There is no criminal history to the credit of the accused-applicant. No specific role is assigned to the accused. The alleged offence is committed by mob, when a survey team went to inspect a Mosque. The charge sheet has been submitted in the matter. Without touching the merit of the case, this bail application is allowed .

Let the accused applicant be enlarged on bail subject to furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned.

Order Date :- 11.7.2025 Abhishek Sri.

(Avnish Saxena,J.)

Digitally signed by :- ABHISHEK RANJAN SRIVASTAVA High Court of Judicature at Allahabad