Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 80191 (ALL)

MOHAMMED SALIM v. STATE OF U.P.

BAIL/26218/2025 · 2025-09-10

Krishan Pahal

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 26218 of 2025 Court No. - 67 HON'BLE KRISHAN PAHAL, J. 1. List has been revised. Supplementary affidavit filed by learned counsel for the applicant is taken on record. 2. Heard Sri Irshad Ahmad, learned counsel for the applicant, Sri Araf Khan, learned counsel for the informant as well as Sri Anit Kumar Shukla, learned A.G.A. for the State and perused the material placed on record. 3. Applicant seeks bail in Case Crime No.141 of 2025, under Sections 115(2), 352, 351(3), 118(1), 109(1), 238(B) B.N.S., Police Station- Nakhasa, District- Sambhal, during the pendency of trial. 4. As per prosecution story, the applicant is stated to have caused stab wound to the husband of the informant on 20.5.2025 at about 11:00 p.m. 5. Learned counsel for the applicant has argued that the applicant is absolutely innocent and has been falsely implicated in the present case. He has nothing to do with the said offence. The FIR is too prompt. The allegations made against the applicant are false. Even the supplementary report indicates that injury sustained by the injured person was simple in nature. 6. It is further argued by learned counsel for the applicant that there is no criminal antecedent of the applicant. The applicant is languishing in jail since 23.5.2025 and he is ready to cooperate with trial. In case, the applicant is released on bail, he will not misuse the liberty of bail. 7. Per contra, learned counsel for the informant and learned A.G.A. have Versus Counsel for Applicant(s) : Irshad Ahmad, Mohd Adil Counsel for Opposite Party(s) : Araf Khan, G.A., Lihazur Rahman Khan Mohammed Salim .....Applicant(s) State of U.P. .....Opposite Party(s) vehemently opposed the bail application on the ground that the injury sustained by the injured person is on vital part of the body. 8. Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, the evidence on record, taking into consideration the fact that injury sustained by the injured person was simple in nature, and without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed. 9. Let the applicant- Mohammed Salim, who is involved in aforementioned case crime be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions. Further, before issuing the release order, the sureties be verified. (i) The applicant shall not tamper with evidence during trial. (ii) The applicant shall not pressurize/intimidate the prosecution witnesses. (iii) The applicant shall appear before the trial court on the date fixed. 10. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. 11. It is made clear that observations made in granting bail to the applicant shall not in any way affect the learned trial Judge in forming his independent opinion based on the testimony of the witnesses. September 11, 2025 Vikas Verma BAIL No. 26218 of 2025 2 (Krishan Pahal,J.) Digitally signed by :- VIKAS VERMA High Court of Judicature at Allahabad