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2025 DAILYLAW 31862 (ALL)

SALMAN v. STATE OF U.P.

BAIL/10686/2025 · 2025-07-13

Arun Kumar Singh Deshwal

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:114272 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 10686 of 2025 Applicant :- Salman Opposite Party :- State of U.P. Counsel for Applicant :- Anurag Shukla,M J Akhtar,Tiwari Ajay Kumar Counsel for Opposite Party :- G.A. Hon'ble Arun Kumar Singh Deshwal,J. 1. Heard Sri Shehzad Alam, Advocate, holding brief of Sri M J Akhtar, learned counsel for the applicant, Sri Sunil Kumar Kushwaha, learned A.G.A. for the State and perused the record. 2. The instant bail application has been filed with a prayer to release the applicant on bail in Case Crime No. 207 of 2024, under Sections 303(2), 318(4), 317(2) B.N.S., Police Station- Mirapur, District- Muzaffar Nagar, during the pendency of the trial. 3. Contention of learned counsel for the applicant is that applicant was not named in the F.I.R. Subsequently, on the basis of recovery of one A.T.M. card and Rs.3,000/-, he has been falsely implicated in the instant case. It is also submitted that the charge-sheet has already been filed. Therefore, there is no requirement of custodial interrogation. The applicant is languishing in jail since 21.12.2024. In case, he is granted bail, he will not misuse the liberty of bail and would cooperate in the trial proceedings. 4. Per contra, learned A.G.A. has vehemently opposed the prayer for bail on the ground that there is 25 criminal cases of applicant of similar nature as well as attempt to murder, gangsters act, goonda act, therefore, applicant is not entitled to be released on bail. 5. Considering the submissions of learned counsel for the parties and taking into account that applicant has long criminal history and on earlier occasion, he was released on bail with the condition that he will not commit any further offence but the applicant kept on committing offence in violation of the bail condition. His criminal history shows that he is involved in criminal cases which are serious in nature. Therefore, to stop the applicant from committing further offence and for expeditious trial by ensuring his presence, his release at this stage will not be appropriate. Therefore, this Court is not inclined to grant bail to the applicant. 6. Accordingly, the bail application is rejected at this stage. Order Date :- 14.7.2025 KS Digitally signed by :- KISHAN SINHA High Court of Judicature at Allahabad