Dildar vs State of U.P.

Neutral Citation No. - 2025:AHC:44462

Court No. - 66

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 8872 of 2025

Applicant :- Dildar Opposite Party :- State of U.P. Counsel for Applicant :- Quasim Khan,Shams Uz Zaman Counsel for Opposite Party :- Shailesh Kumar Srivastava,G.A.

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Hon'ble Sameer Jain,J.

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Heard Sri Shams Uz Zaman, learned counsel for the applicant, Sri Shailesh Kumar Srivastava, learned counsel for the informant and Sri Kunwar Tejendra Bahadur, learned AGA for the Staterespondent.

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The instant application has been filed seeking release of the applicant on bail in Case Crime No. 684 of 2024, under Sections 140(1), 238, 103(1) BNS, Police Station- Badaut, DistrictBaghpat during pendency of the trial in the court below.

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Learned counsel for the applicant submitted that nobody was named in the FIR but during investigation, applicant has been made accused in the present matter along with others including coaccused Shahrukh on the basis of last seen evidence and after considering entire facts of the case in detail, co-accused Shahrukh has been released on bail by this Court vide order dated 19.03.2025 passed in Criminal Misc. Bail Application No. 9064 of 2025 and on facts, case of applicant is at par with him.

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He further submitted that applicant is not having any criminal history and he is in jail in the present matter since 22.10.2024.

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Per contra, learned AGA as well as learned counsel for the informant however, opposed the prayer for bail but could not dispute the argument on facts advanced by learned counsel for the applicant.

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I have heard learned counsel for the parties and perused the record of the case.

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It is a case of circumstantial evidence and it appears, during investigation, applicant has been made accused in the present

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matter along with others including co-accused Shahrukh on the basis of last seen evidence and after considering entire facts of the case in detail, co-accused Shahrukh has been released on bail by this Court and on facts, case of applicant is at par with him.

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Further, applicant is not having any criminal history and he is in jail in the present matter since 22.10.2024.

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Therefore, considering the facts and circumstances of the case discussed above, in my view applicant is entitled to be released on bail.

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Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed .

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Let the applicant- Dildar be released on bail in the aforesaid case on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:-

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(i) The applicant shall appear before the trial court on the dates fixed, unless his personal presence is exempted.

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(ii) The applicant shall not directly or indirectly, make 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 any police officer or tamper with the evidence.

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(iii) The applicant shall not indulge in any criminal and anti-social activity.

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In case of breach of any of the above condition, the prosecution will be at liberty to move an application before this Court for cancellation of the bail of the applicant.

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It is clarified that the observations made herein are limited to the facts brought in by the parties pertaining to the disposal of bail application and the said observations shall have no bearing on the merits of the case during trial.

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Order Date :- 1.4.2025 KK Patel

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Digitally signed by :- KRISHN KANT PATEL High Court of Judicature at Allahabad

Dildar v. State of U.P.

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Dildar v. State of U.P.

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