Dilip vs State of U.P. — Bail and Remand | Allahabad HC (2025)

Dilip vs State of U.P. — Bail and Remand | Allahabad HC (2025)

What the court decided

AI extract

Outcome

Applicant Dilip to be released on bail on furnishing a personal bond of Rs. 50,000/- and two sureties each in the like amount, subject to the imposed conditions (no tampering with evidence; mandatory personal presence before the trial court at specified stages); sureties to be verified before issuance of the release order; breach of conditions to constitute ground for cancellation of bail.

Issue for consideration

Whether the applicant Dilip, accused in Case Crime No. 0394 of 2024 under Sections 331(4) and 305 BNS (Police Station Nawab Ganj, District Bareilly), is entitled to be released on bail, inter alia on the ground of parity with similarly placed co-accused already granted bail by this Court.

Court's answer

Bail application allowed: taking into consideration the reasons stated and the fact that similarly placed co-accused (Mohd.Kamar, Ramchandra @ Chhote, Deepak and Guddu) had already been granted bail by this Court, the Court was inclined to grant bail to the applicant, expressly without expressing any opinion on the merit of the case.

Ratio / Principle

Release directed on furnishing a personal bond of Rs. 50,000/- (Rupees Fifty thousand) and two sureties each in the like amount, to the satisfaction of the court concerned; sureties to be verified before the release order is issued.

Key takeaways

Bail subject to conditions: (i) the applicant shall not tamper with the evidence; (ii) he shall remain present in person before the trial court on dates fixed for opening of the case, framing of charge and recording of statement under Section 313 Cr.P.C./351 BNSS; deliberate absence without sufficient cause may be treated by the Trial Court as abuse of the liberty of bail and acted upon in accordance with law; breach of any condition is a ground for cancellation of bail.ratio¶6(ii)

Detailed headnote1 paragraphs

Bail granted on parity (Allahabad High Court, Criminal Misc. Bail Application No. 8054 of 2025, Chandra Dhari Singh, J., order dated 28.4.2025): Applicant Dilip, an accused in Case Crime No. 0394 of 2024 under Sections 331(4) and 305 BNS, Police Station Nawab Ganj, District Bareilly, sought bail under Section 483 of BNSS. The grant rests principally on parity — co-accused Mohd.Kamar, Ramchandra @ Chhote, Deepak and Guddu having already been granted bail by the same Court vide orders dated 03.12.2024, 11.11.2024 and 08.11.2024 in Criminal Misc. Bail Application Nos. 41024, 39848, 38759 and 38868 of 2024 respectively — and was made expressly 'without expressing any opinion on the merit of the case'. Release ordered on a personal bond of Rs. 50,000/- with two sureties each in the like amount (sureties to be verified before the release order), conditioned on (i) abstention from tampering with evidence and (ii) personal appearance before the trial court at opening of the case, framing of charge and recording of statement under Section 313 Cr.P.C./351 BNSS, deliberate absence without sufficient cause being capable of treatment as abuse of the liberty of bail; breach of any condition constitutes ground for cancellation of bail.

Neutral Citation No. - 2025:AHC:65729

Court No. - 67

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 8054 of 2025

Applicant :- Dilip Opposite Party :- State of U.P. Counsel for Applicant :- Namit Srivastava,Parul Srivastava Counsel for Opposite Party :- G.A.

Hon'ble Chandra Dhari Singh,J.

The instant bail application has been filed under Section 483 of BNSS, seeking bail in Case Crime No. 0394 of 2024, under Sections 331(4), 305 BNS, Police Station - Nawab Ganj, District- Bareilly.

Learned counsel appearing on behalf of the applicant has submitted that the applicant is innocent person and has not committed any offence as alleged in the FIR. He has been falsely implicated in this case. It is further submitted that similarly placed co-accused Mohd.Kamar, Ramchandra @ Chhote, Deepak and Guddu have already been granted bail by this Court vide order dated 03.12.2024,11.11.2024, 08.11.2024 passed in Criminal Misc. Bail Application Nos. 41024 of 2024, 39848 of 2024, 38759 of 2024 and 38868 of 2024 respectively and, therefore, the applicant is also entitled to be released on bail on the ground of parity. The applicant is languishing in jail since 03.01.2025. It is also undertaken on behalf of the applicant that he shall abide by all terms and conditions as imposed by the Court while granting bail.

Per contra, learned counsel appearing on behalf of the State has vehemently opposed the instant bail application but he could not dispute the aforesaid facts as stated by the learned counsel appearing on behalf of applicant.

Heard learned counsel for the applicant, learned AGA for the State and perused the material available on record.

Taking into consideration of aforesaid reasons as stated above and the fact that similarly placed co-accused Mohd.Kamar, Ramchandra @ Chhote, Deepak and Guddu have already been granted bail by this Court, without expressing any opinion on the merit of the case, I am inclined to grant bail to the applicant. Accordingly, the bail application is allowed.

Let the applicant - Dilip, who is involved in the aforementioned case crime be released on bail on his furnishing a personal bond of Rs. 50,000/- (Rupees Fifty thousand) and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions. Further, before issuing the release order, the sureties be verified.

(i). The applicant shall not tamper with the evidence.

(ii) The applicant shall remain present, in person, before the trial court on dates fixed for (1) opening of the case, (2) framing of charge and (3) recording of statement under Section 313 Cr.P.C./351 BNSS. If in the opinion

of the Trial Court absence of the applicant is deliberate of without sufficient cause, then it shall be open for the Trial Court to treat such default as abuse of liberty of bail and proceed against him in accordance with law.

In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.

Order Date :- 28.4.2025 Pratima

(Chandra Dhari Singh,J.)

Digitally signed by :- PRATIMA AGRAHARI High Court of Judicature at Allahabad