Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:56375 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 593 of 2025 Applicant :- Salman Opposite Party :- State of U.P. Counsel for Applicant :- Chandrajeet Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J.
1. Learned counsel for the applicant has filed supplementary affidavit, which is taken on record. 2. Heard Shri Chandrajeet, learned counsel for the applicant, Sri Ajay Singh, learned AGA for the State-respondents and perused the record. 3. This bail application under Section 439 Cr.P.C. has been moved on behalf of accused-applicant, Salman, seeking enlargement on bail in Case Crime No. 203 of 2024, under Section 307 of the Indian Penal Code and 3/25 Arms Act, Police Station Pilkhuwa, District Hapur. 4. Learned counsel for the applicant argued that the accused- applicant is innocent. He has been falsely implicated in this case crime number and is languishing in jail since 21.04.2024. He has criminal antecedent of 11 cases including the present case, which has been explained in para 2 of the supplementary affidavit filed in support of the bail application and there is no likelihood of his fleeing from course of justice or tampering with evidence in case of release on bail. Learned counsel for the applicant submits that it is a case of police firing in which no person has sustained injuries. Nothing has been recovered from the possession of the applicant or his pointing out while the recovery against the applicant has been falsely planted. There is no independent witness of the present case. It is submitted that after arresting the applicant in the present case, the police has been falsely implicated in two cases bearing Case Crime No. 183 of 2024, under Section 3/5A/8 Cow Slaughter Act and Case Crime No. 192 of 2024, under Sections 379 and 411 IPC, P.S. Pilkhuwa, District Hapur, in which applicant has been released on bail vide orders dated 29.07.2024 and 22.07.2024 respectively. There is no cogent or credible evidence
against the applicant is available on record. Hence, bail has been prayed for. 5. Learned AGA has vehemently opposed the prayer for bail but could not dispute the aforesaid facts. 6.
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. 7. Accordingly, the bail application is allowed. 8. Let the accused-applicant, Salman, 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. 9. 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 :- 16.4.2025 v.k.updh. Digitally signed by :- VINOD KUMAR UPADHYAY High Court of Judicature at Allahabad