Allahabad High Court
MOHD DILSHADversusSTATE OF U.P.
- Decided
- Bench
- JAI PRAKASH TIWARI
Holding
The Court held that the applicant is entitled to be enlarged on bail during the pendency of the trial.
Summary
The High Court considered a bail application filed by Mohd. Dilshad in Criminal Misc. Bail Application No. 35120 of 2026, seeking release in a case under Sections 310(2) and 61(2) of the IPC and CrPC. The applicant argued that he was not named in the FIR, was falsely implicated, and that co‑accused had already been granted bail. The State opposed bail but did not dispute the co‑accused’s release. Weighing the nature of the offence, the evidence, the applicant’s clean record, and the fact that co‑accused were on bail, the Court decided to grant bail without commenting on the merits. The order released the applicant on personal bond and two sureties, subject to conditions of appearance, non‑interference with evidence, and non‑engagement in criminal activity. The Court clarified that its observations are limited to the bail application and do not affect the trial’s merits.
Issues considered
- Whether the applicant, who was not named in the FIR and claims false implication, is entitled to bail during the pendency of trial.
- Whether the grant of bail to co‑accused influences the applicant’s right to bail.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 61(2)
- Indian Penal Code — s. 310(2)
Subjects
- bail
- false implication
- co‑accused
- Indian Penal Code
- Criminal Procedure Code
- trial pendency
- conditions of bail
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 35120 of 2026
Mohd Dilshad
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Anand Kumar Singh, Vijay Pratap
Singh
Counsel for Opposite Party(s) : G.A.
Court No. - 70
HON'BLE JAI PRAKASH TIWARI, J.
Heard learned counsel for the applicant, learned AGA for the State and
perused the record.
The instant bail application has been filed with a prayer to enlarge the
applicant on bail in Case Crime No. 216 of 2024, under Sections 310(2),
61(2) BNS, Police Station Sayed Raja, District Chandauli, during the
pendency of trial.
Learned counsel for the applicant submits that the applicant was not
named in the first information report and has been falsely implicated in
the instant case. The name of the applicant was disclosed by the co-
accused Sunil Yadav alias Nanhke. Nothing has been recovered from the
possession of the applicant. Other co-accused namely Sunil Yadav alias
Nanhke, Masid and Sameer, Shahjad Ali have already been granted bail
by the co-ordinate Bench of this Court vide orders dated 10.3.2025,
17.2.2026 and 20.8.2026 passed in Criminal Misc. Bail Application Nos.
6175 of 2025, 40176 of 2025 and 29351 of 2026, respectively. The case
of the applicant is on better footing to that of co-accused. Criminal history
of the applicant has been explained in para 9 of the instant bail applicant.
The applicant is in jail since 1.9.2026 and in case he is enlarged on bail,
he will not misuse the said liberty.
Per contra, learned AGA, however, opposed the prayer for bail, but could
not dispute the fact that the co-accused of the applicant have already
BAIL No. 35120 of 2026
2
enlarged on bail by this Court.
Keeping in view the nature of the offence, evidence, complicity of the
accused, severity of the punishment, and submissions of learned counsel
for the parties, as well as co-accused of the applicant has already granted
bail by this Court, this Court is of the view that the applicant is entitled to
be enlarged on bail during the pendency of the trial. Accordingly, without
expressing any opinion on the merits of the case, the instant bail
application is allowed.
Let the applicant-Mohd. Dilshad 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:-
(i) The applicant shall appear before the trial court on the dates fixed,
unless his personal presence is exempted.
(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.
(iii) The applicant shall not indulge in any criminal and anti-social
activity.
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.
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.
(Jai Prakash Tiwari,J.)
October 1, 2026
Brijesh
Digitally signed by :-
BRIJESH KUMAR
High Court of Judicature at Allahabad
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