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2026 DAILYLAW 127 (ALL)

SALMAN v. STATE OF U.P.

BAIL/3497/2026 · 2026-03-15

Ashutosh Srivastava

body2026

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 3497 of 2026 Court No. - 68 HON'BLE ASHUTOSH SRIVASTAVA, J. Heard learned counsel for the applicant, learned AGA for the State- respondents and perused the record. This bail application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 has been moved on behalf of accused-applicant, Salman, seeking enlargement on bail in Case Crime No. 301 of 2025, under Sections 109, 317 (2), 317 (5) of the Bharatiya Nyaya Sanhita, 2023 and Sections 3/25/27 of Arms Act, Police Station Prem Nagar, District Bareilly, during the pendency of the trial before the Court below. Learned counsel for the applicant argued that the accused-applicant is innocent. He has been falsely implicated in this very case crime number and is languishing in jail since 7.8.2025. Learned counsel for the applicant submits that it is a case of police party firing with no injury. The alleged recovery shown in the recovery memo is false one. Charge sheet in this case has already been filed on 1.11.2025 and further custodial interrogation of the applicant is no more required. Applicant has two other cases of criminal antecedent, which have sufficiently been explained and there is no likelihood of his fleeing from course of justice or tampering with evidence in case of release on bail. Hence, bail has been prayed for. Learned AGA has vehemently opposed the prayer for bail. Considering all above facts and circumstances, the nature of accusations, Versus Counsel for Applicant(s) : Dewendra Singh, Rajesh Prasad, Vimal Kumar Pal Counsel for Opposite Party(s) : G.A. Salman .....Applicant(s) State of U.P. .....Opposite Party(s) severity of the punishment in the case of conviction and nature of supporting evidence, reasonable apprehension of tampering with the witness and prima facie, but without commenting on merit of case, a case for bail is made out. Accordingly, the bail application is allowed. 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. In the event of breach of any of the aforesaid conditions, the court below will be at liberty to proceed to cancel his bail. March 16, 2026 Ravi Prakash BAIL No. 3497 of 2026 2 (Ashutosh Srivastava,J.) Digitally signed by :- RAVI PRAKASH High Court of Judicature at Allahabad