Dilshad Ahmad Vs State of U.P. Thru. Prin. Secy. Home Lko

Neutral Citation No. - 2025:AHC-LKO:7245

Court No. - 28

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 973 of 2025

Applicant :- Dilshad Ahmad Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko Counsel for Applicant :- Anoop Kumar Upadhyay Counsel for Opposite Party :- G.A.

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Hon'ble Brij Raj Singh,J .

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Heard learned counsel for the applicant, Sri Abhay Kumar Singh, learned A.G.A. for the State and perused the record.

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Instant bail application has been filed on behalf of the applicant with a prayer to release the applicant on bail during the trial in Case Crime No. 293 of 2023, under Section 3 (1) U.P. Gangsters and Anti Social Activities (Prevention) Act, 1986, Police Station -Kotwali Dehat District -Balrampur.

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It is contended by learned counsel for the applicant that the applicant is innocent and he has falsely been implicated in the present case. He further submits that six cases have been shown in the gang chart against the applicant in which he has been enlarged on bail and copy of the bail orders have been filed along with the bail application as Annexure Nos. 3 to 8. Learned counsel for the applicant further submits that coaccused-Abu Mubarak @ Nan @ Mubarak @ Arman has been granted bail by this Court in CRIMINAL MISC. BAIL APPLICATION No. - 13249 of 2023 vide order dated 7.11.2023, a copy of the bail order has been produced before this Court. Apart from the aforesaid cases shown in the gang chart, the applicant has criminal antecedent of one case also, which has been explained in para no. 6 of the bail application. It has also been submitted that the applicant is not involved in any anti-social activities and he is not a member of any gang. The applicant is in jail since 5.4.2023 and he has undertaken that in case, he is granted bail, he will not misuse the liberty and would cooperate in the trial proceedings.

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Per contra, learned A.G.A. opposed the prayer of bail, but he could not dispute the fact that the the applicant in the six cases mentioned in the gang chart and co-accused person in the the instant case crime have been enlarged on bail.

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Having heard learned counsels for the parties and after perusal

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of material placed on record, it transpires that the applicant is languishing in jail since 5.4.2023; six cases have been shown in the gang chart against the applicant in which he has been enlarged on bail and copy of the bail orders have been annexed along with the bail application and in case, he is granted bail, he will not misuse the liberty of same and would cooperate in the trial proceedings.

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Considering the rival submissions of learned counsel for parties, material available on record, contents of F.I.R., other relevant documents, nature of offence, gang chart and bail orders of the applicant as well as of the co-accused in the cases mentioned in the gang chart, this Court finds that condition of Section 19(4) of the Gangster Act are properly complied with, the applicant is not guilty of such offence, therefore, he is entitled to be released on bail.

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Let the applicant- Dilshad Ahmad involved in the aforementioned crime be released on bail, on his 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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The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, or otherwise during the investigation or trial;

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(2) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. He shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him under Section 229-A of the Indian Penal Code;

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(3) The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 313 Cr.P.C.; and

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(4) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under Section 82 Cr.P.C. is issued and the applicant fails to appear before the court on the date fixed in such proclamation, the trial court shall initiate proceedings against him, in accordance with law under Section 174-A of the Indian Penal Code.

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The identity, status and residential proof of sureties will be verified by the court concerned and in case of breach of any of

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the above conditions, the court below shall be at liberty to cancel the bail and send the applicant to prison.

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It is clarified that the observations made in this order are strictly confined to the disposal of this bail application and must not be construed to have any reflection on the merits of the case.

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[Brij Raj Singh, J.]

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Order Date :- 5.2.2025 A nuj Singh

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Digitally signed by :- ANUJ PRATAP SINGH High Court of Judicature at Allahabad, Lucknow Bench

Dilshad Ahmad v. State of U.P. Thru. Prin. Secy. Home Lko

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Dilshad Ahmad v. State of U.P. Thru. Prin. Secy. Home Lko

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