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2025 DAILYLAW 94093 (ALL)

FAISAL SALMANI v. STATE OF U.P.

NABAIL/7488/2025 · 2025-09-18

Vivek Varma

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 7488 of 2025 Court No. - 69 HON'BLE VIVEK VARMA, J. 1. Heard counsel for the applicant and Sri Neeraj Kumar Sharma, learned A.G.A. for the State. Perused the material placed on record. 2. This application has been filed seeking anticipatory bail in Case Crime No.337 of 2024, under Sections 191(2), 191(3), 190, 109(1), 125(a), 125(b), 221, 132, 121(1), 121(2), 324(4), 223(b), 326(f), 317(3) B.N.S.; Section 7 of Criminal Law Amendment Act; Section 3/4 of the Prevention of Damage to Public Property Act and Section 3/25/27 of Arms Act, Police Station Kotwali Sambhal, District Sambhal. 3. Counsel for the applicant submits that the applicant was not named in the first information report and has been falsely implicated in the present case. In the first information report 21 named accused and 800-900 unknown persons are nominated. The name of the applicant surfaced during the course of investigation. In the alleged incident the injuries sustained by the injured persons were simple in nature. A vague role has been assigned to the applicant. The alleged C.C.T.V. footage does not connect the applicant with the offence. At this stage, there is no credible evidence to link the applicant with the offence. The applicant has no criminal antecedents. Investigation is pending. The applicant has apprehension of his arrest in the above mentioned case. In case the applicant is granted anticipatory bail, he will not misuse the said liberty. 4. Learned A.G.A. has opposed the prayer for anticipatory bail but could not satisfactorily dispute the aforesaid submissions from the record. 5. Counsel for the applicant further submits that the application for grant of Versus Counsel for Applicant(s) : Mohd Adil Counsel for Opposite Party(s) : G.A. Faisal Salmani .....Applicant(s) State of U.P. .....Opposite Party(s) anticipatory bail be confined only till the submission of police report. 6. Having regard to the submissions made, considering the nature of accusations, antecedents of the applicant and the fact that applicant was not named in the first information report, the name of the applicant surfaced during the course of investigation; in the alleged incident the injuries sustained by the injured persons were simple in nature; a vague role has been assigned to the applicant; at this stage, there is no substantive evidence to link the applicant with the offence; without commenting on merits of the case, I am of the opinion that the applicant is entitled for anticipatory bail till the submission of police report. 7. In the event of arrest, the applicant- Faisal Salmani be released on anticipatory bail in the aforesaid case crime till the submission of police report, if any, under Section 193(3) B.N.S.S., on furnishing a personal bond of Rs. 50,000/- with two sureties each in the like amount to the satisfaction of the Station House Officer of the police station concerned with the following conditions:- (i) The applicant shall make himself available for interrogation by a police officer as and when required; (ii) 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 from disclosing such facts to the Court or to any police officer; (iii) The applicant shall not leave India without the previous permission of the Court and if he has passport, the same shall be deposited by him, before the S.S.P./S.P. concerned. 8. In default of any of the conditions, the Investigating Officer is at liberty to file appropriate application for cancellation of anticipatory bail granted to the applicant. 9. The Investigating Officer is directed to conclude the investigation of the present case in accordance with law expeditiously preferably within a period of three months from the date of production of a copy of this order independently without being prejudiced by any observation made by this Court while considering and deciding the present anticipatory bail application of the applicant. NABAIL No. 7488 of 2025 2 10. The applicant is directed to produce a copy of this order before the S.S.P./S.P. concerned within ten days from today, who shall ensure the compliance of present order. 11. The application stands disposed of. September 19, 2025 S.S. NABAIL No. 7488 of 2025 3 (Vivek Varma,J.) Digitally signed by :- SIDDHARTH SRIVASTAVA High Court of Judicature at Allahabad