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2025 DAILYLAW 160979 (ALL)

SALMAN v. STATE OF U.P. THRU. PRIN. SECY. DEPTT. OF HOME LKO.

BAIL/8223/2025 · 2025-09-03

Subhash Vidyarthi

Public Interest Litigationbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 8223 of 2025 Court No. - 13 HON'BLE SUBHASH VIDYARTHI, J. 1. Heard Shri Ashish Kumar Singh, learned counsel for the applicant, Smt. Kamlesh Kumari, learned A.G.A. for the State. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No.661 of 2024 under Sections 317(2), 317(4), 317(5) of B.N.S. registered at Police Station- Kotwali Nagar, District- Gonda. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged by a Sub-Inspector of Police on 04.09.2024 against five persons, including the applicant, stating that on the basis of information received from a mukhbir, two motorcycles were intercepted. Two persons namely, Kaushal Kishore @ Sachin Chauhan and Suraj Singh were arrested and they stated that Malkhan Singh and Salman (the applicant) were sitting on a pillion seats of motorcycles and they had escaped. The arrested persons stated that the motorcycles were stolen and they further told that some motorcycles were hidden at a place and co-accused Subham was keeping a watch on them. On their pointing out, 13 motorcycles were recovered and Subham Singh was also arrested. 4. In the affidavit filed in support of the bail application, it has been stated that the applicant is innocent and he has been falsely implicated in the present case. The applicant's involvement in 11 other cases has been disclosed in para-28 of the affidavit filed in support of the bail application in 10 of which he has been granted bail and in one case, a closure report has been submitted. Versus Counsel for Applicant(s) : Ashish Kumar Singh Counsel for Opposite Party(s) : G.A. Salman .....Applicant(s) State Of U.P. Thru. Prin. Secy. Deptt. Of Home Lko. .....Opposite Party(s) 5. A supplementary affidavit has been filed stating that it has wrongly been stated in the affidavit filed in support of the bail application that a closure report has been submitted in one case whereas the applicant is not involved in that case. 5. Three co-accused persons, namely, Suraj Singh, Subham Singh and Kaushal Kishor @ Sachin Chauhan have been granted bail, copies of their bail orders have been annexed with the bail application as Annexure No.5. 6. Learned A.G.A. has vehemently opposed the bail application and she has submitted that allegations have been established during investigation and a charge-sheet has been submitted on31.05.2025 7. Having considered the aforesaid facts and circumstances of the case, I am of the view that the aforesaid facts are sufficient for making out a case for enlargement of the applicant on bail in the aforesaid case on the ground of parity. 8. Accordingly, this bail application stands allowed. 9. Let the applicant- Salman be released on bail in the aforementioned case on furnishing a personal bond and two sureties each in the like amount to the satisfaction of Magistrate/Court concerned, subject to following conditions:- (i) the applicant shall not tamper with the prosecution evidence; (ii) the applicant shall not pressurize the prosecution witnesses; (iii) the applicant shall appear on each and every date fixed by the trial Court. September 3, 2025 -Amit K- BAIL No. 8223 of 2025 2 (Subhash Vidyarthi,J.) Digitally signed by :- AMIT KUMAR High Court of Judicature at Allahabad, Lucknow Bench