Dilshad Malik Vs State of U.P. (Allahabad High Court)
The case concerns a bail application filed by the applicant in connection with Case Crime No. 140 of 2024 under Sections 420, 467, 468, and 471 IPC at Police Station Lohamandi, District Agra. The application was filed after the Sessions Judge, Agra, rejected the bail plea on 17 March 2026. The applicant has been in custody since 27 December 2025.
Counsel for the applicant argued that the applicant is innocent and has been falsely implicated. The FIR names another Person, alleging that a firm registered on the GST portal was found to be non-existent at the declared address, with the property owner denying any such tenancy or business activity. The firm was allegedly involved in GST evasion. The applicant’s counsel emphasized that the applicant was neither named in the FIR nor linked to the creation or operation of the alleged fictitious firm. It was further submitted that the applicant’s name did not appear in the statements of the informant or witnesses recorded under Section 161 Cr.P.C.
The prosecution sought to connect the applicant to the offence based on the recovery of three mobile phones and a small amount of cash. However, the defence contended that there were no independent witnesses to the recovery and no incriminating materials such as forged documents, GST records, computers, or fake invoices were seized to establish involvement in GST fraud. The applicant also claimed to be engaged in legitimate scrap and real estate businesses. It was further argued that a co-accused had already been granted bail, that the applicant had no criminal antecedents, and that he would cooperate with the trial and not misuse bail if granted.
