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2025 DAILYLAW 65439 (ALL)

SALMAN @ KANA v. State of U.P.

BAIL/27842/2024 · 2025-05-22

Siddharth

body2025

Judgment text

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1 Neutral Citation No. - 2025:AHC:88456 Reserved On:- 16.05.2025 Delivered On:- 23.05.2025 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 27842 of 2024 Applicant :- Salman @ Kana Opposite Party :- State of U.P. Counsel for Applicant :- Bal Ram Gupta Counsel for Opposite Party :- G.A., Sharique Ahmed Hon'ble Siddharth, J. 1. Heard Sri Bal Ram Gupta, learned counsel for the applicant, Sri Sharique Ahmed, learned counsel for the informant; Ms. Manju Thakur, learned AGA-I for the State and perused the material on record. 2. The instant bail application has been filed on behalf of the applicant, Salman @ Kana, with a prayer to release him on bail in S.T. No. 1278 of 2023, Case Crime No. 19 of 2023, under Sections- 147, 148, 149, 302, 120-B, 323, 504, 506, 34 IPC and Section 3/25 of Arms Act, Police Station- Moolganj, District- Kanpur Nagar. 3. There is allegation in the F.I.R that the brother of informant, Saif @ Bholu, was called by and other four co-accused on 26.05.2023 at 09:30 p.m with regard to dispute of money at Naya Chowk. He went there where applicant, Salman and Wasif, fired from fire arms which hit his stomach and he was taken to the hospital where he subsequently died. 4. Learned counsel for the applicant submits that applicant has been falsely implicated in this case. In C.C.T.V footage collected by the investigating officer, he was not seen nor any incriminating recovery was made from him. Co-accused, Mukeem, Bablu, Kaif, Dayan Khan, Asif 2 Mohammad, Mohd. Aman Khan and Sheebu, have already been granted bail. He has criminal history of two cases. 5. Counsel for the informant submits that bails have been granted to unnamed accused only. The bail application of named accused, Atif Elahi, has already been rejected by the coordinate Bench of this court vide Criminal Misc. Bail Application No. 7326 of 2024. 6. This Court after hearing the learned counsels for the parties does not finds any ground for enlarging the applicant on bail at this stage. 7. The bail application is accordingly, rejected. 8. The trial court is directed to conclude the trial against the applicant as expeditiously as possible as per Section 309 Cr.P.C. (new Section 346 B.N.S.S.). Order Date :- 23.05.2025 Rohit Digitally signed by :- ROHIT DAS High Court of Judicature at Allahabad