Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:123578 Court No. - 67 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 22376 of 2025 Applicant :- Salman Opposite Party :- State of U.P. Counsel for Applicant :- Ravi Prakash Singh Counsel for Opposite Party :- G.A. Hon'ble Sanjay Kumar Singh,J. Heard learned counsel for the applicant, learned Additional Government Advocate representing the State and perused the record. By means of this bail application, applicant Salman, who is involved in Case Crime No. 160 of 2024, under Sections 147, 148, 149, 307, 323, 504 IPC, police station Civil Line, district Aligarh seeks enlargement on bail during the pendency of trial. It is argued by learned counsel for the applicant that on account of dispute over parking of motorcycle, incident in question took place and F.I.R. was lodged on 11.04.2024 against the five accused, namely, Sameer, Yunis, Sadab, Salman (present applicant) and Asif making allegation of assault against all the accused persons. In the F.I.R., role of causing knife injury has been assigned to co-accused Sameer but during investigation, when statements of injured persons, namely, Rihana, Nasir and Mohd. Arif were recorded, in which they have assigned the role of causing knife injury to co- accused Sadab. The complainant in his statement has also clarified that he had wrongly made allegation of causing knife injury by Sameer whereas knife injuries were caused by Sadab. On the strength of aforesaid facts, it is argued that case of the present applicant is distinguishable from the case of co-accused Sameer and Sadab. The applicant does not have any criminal history to his credit. Lastly, it is submitted by learned counsel for the applicant that there is no chance of the applicant fleeing away from the judicial process or tampering with the prosecution evidence. The applicant is languishing in jail since 16.05.2025 and in case, the applicant is released on bail, he will not misuse the liberty of bail and cooperate with the trial. Per contra, learned A.G.A. for the State opposed the prayer for bail of the applicant but does not dispute the above factual aspect of the matter as argued on behalf of the applicant.
Having heard learned counsel for the parties and examined the matter in its entirety, I find that as per the F.I.R., role of causing knife injuries has been assigned to co-accused Sameer whereas as per statement of the injured persons, role of causing knife injuries has been assigned to co-accused Sadab. Co-accused Sadab and Sameer have been granted bail by the coordinate Bench of this Court vide orders dated 05.11.2025 and 23.10.2024 in Criminal Misc. Bail Application Nos. 20904 of 2024 and 38649 of 2024. The case of present applicant stands on better footing than that of co-accused Sadab and Sameer, hence the applicant has made out a case for bail. The bail application is hereby allowed. Let the applicant Salman be released on bail in the aforesaid case crime number on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions, which are being imposed in the interest of justice:- (i) That the applicant shall cooperate in the expeditious disposal of the trial and shall regularly attend the court unless inevitable. (ii) That the applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the
facts of the case so as to dissuade him from disclosing such facts to the court or to any police officer or tamper with the evidence. (iii) That after his release, the applicant shall not involve in any criminal activity. (iv) The identity, status and residential proof of sureties will be verified by court concerned. In case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail.
Order Date :- 28.7.2025 Shubham Digitally signed by :- SHUBHAM KUMAR AGRAHARI High Court of Judicature at Allahabad