Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 110445 (ALL)

SALMAN KHAN @ KATIYA v. STATE OF U.P.

BAIL/45437/2024 · 2025-03-11

Ashutosh Srivastava

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Neutral Citation No. - 2025:AHC:36699 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 45437 of 2024 Applicant :- Salman Khan @ Katiya Opposite Party :- State of U.P. Counsel for Applicant :- Anand Pati Tiwari Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J. Counter affidavit filed on behalf of the State is taken on record. Heard Shri Anand Pati Tiwari, learned counsel for the applicant, Shri Rajesh Kumar Singh, learned AGA for the State-respondents and perused the record. This bail application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 has been moved on behalf of accused- applicant, Salman Khan @ Katiya, seeking enlargement on bail in Case Crime No. 154 of 2024, under Sections 109, 117, 115(2), 352, 351(2), 351(3) of the Bharatiya Nyaya Sanhita, 2023, Police Station Achalda, District Auraiya. Learned counsel for the applicant argued that the accused- applicant is innocent. He has been falsely implicated in this very case crime number and is languishing in jail since 03.08.2024. Learned counsel for the applicant submits that injuries sustained by the injured victim is on non vital part of the body and no offence under Section 109 B.N.S. is made out and the injuries are simple in nature. It is further submitted that there is no independent witness of the alleged incident. It is next submitted that there are material contradiction between the statement of first informant and alleged injured and charge-sheet has been submitted. Criminal history of the applicant has been explained in paragraph No. 29 of the affidavit filed in support of the bail application. There is no likelihood of his fleeing from course of justice or tampering with evidence in case of release on bail. Hence, bail has been prayed for. Learned AGA has vehemently opposed the prayer for bail but could not controvert the arguments advanced by learned counsel for the applicant. Considering all above facts and circumstances, the nature of accusations, severity of the punishment in the case of conviction and nature of supporting evidence, reasonable apprehension of tampering with the witness and prima facie case, but without commenting on merit of case, a case for bail is made out. Accordingly, the bail application is allowed. Let the accused-applicant, Salman Khan @ Katiya, involved in above mentioned case crime number be released on bail, on his executing a personal bond and two reliable sureties each, in the like amount to the satisfaction of the court concerned, subject to the following conditions: 1. The applicant will not tamper with the evidence. 2. The applicant will not indulge in any criminal activity. 3. The applicant will not pressurize/intimidate the prosecution witnesses and co-operate in the trial. 4. The applicant will appear regularly on each and every date fixed by the trial court, unless his personal appearance is exempted through counsel by the court concerned. In the event of breach of any of the aforesaid conditions, the court below will be at liberty to proceed to cancel his bail. Order Date :- 12.3.2025 Karan Digitally signed by :- KARAN KUMAR RAO High Court of Judicature at Allahabad Digitally signed by :- ANAND PRAKASH PANDEY High Court of Judicature at Allahabad