SALEEMversusSTATE OF U.P.

                HIGH COURT OF JUDICATURE AT ALLAHABAD

          CRIMINAL MISC. BAIL APPLICATION No. - 14210 of 2026

Saleem
                                                            .....Applicant(s)
                                 Versus
State of U.P.
                                                       .....Opposite Party(s)

Counsel for Applicant(s)                  :   Devesh Kumar Shukla
Counsel for Opposite Party(s)             :   G.A.

Court No. - 67
                 HON'BLE ARUN KUMAR SINGH DESHWAL, J.

1. Heard Sri Devesh Kumar Shukla, learned counsel for the applicant,
Sri Roshan Kumar Singh, learned A.G.A. for the State and perused
the record.

2. The instant bail application has been filed with a prayer to release
the applicant on bail in Case Crime No. 442 of 2025 Under Sections
103(1), 238, 3(5) B.N.S., Police Station-Najibabad, District-Bijnor,
during the pendency of the trial.

3. Contention of learned counsel for the applicant is that the applicant
was not named in the FIR. Subsequently, in the confessional
statement of the named accused, Rafeeq, the name of the applicant
surfaced as one of his accomplices along with co-accused Arshad
and Arif; however, there is no incriminating material against the
applicant. It is further submitted that co-accused Arshad and Arif,
have already been released on bail by a coordinate Bench of this
Court in Criminal Misc. Bail Application Nos. 6325 of 2026 and 14573
of 2026 vide orders dated 20.02.2026 and 30.04.2026. Therefore, the
applicant having an identical role, is also entitled to be released on
bail on the ground of parity. It is further submitted that the applicant
has no criminal history. It is further submitted that charge sheet has
been filed in the present case, therefore, there is no requirement of
custodial interrogation. The applicant is a law abiding citizen and he
is languishing in jail since 11.03.2026. In case, he is granted bail, he
will not misuse the liberty of bail and would cooperate in the trial
proceedings.

4. Per contra, learned A.G.A. has vehemently opposed the prayer for
bail but could not dispute the aforesaid facts.
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5. Considering the entire facts and circumstances of the case,
submissions of learned counsel for the parties and keeping in view
the nature of offence, evidence, complicity of the accused and taking
into account overcrowded jails and heavy pendency of criminal cases
before the trial courts as well as considering the mandate of the
judgement of the Apex Court in the case of Kapil Wadhawan vs
Central Bureau of Investigation reported in 2025 SCC OnLine SC
3038 as well as guideline of this Court in the case of Maya Tiwari Vs.
State of U.P. reported in 2024 SCC Online All 6765 regarding grant
of bail and without expressing any opinion on the merits of the case, I
am of the opinion that the applicant is entitled to be enlarged on bail.

6. Let the applicant- Saleem, involved in the aforementioned 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,
with the following conditions:-

i. 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.

ii. The applicant shall cooperate in the trial/investigation sincerely
without seeking any adjournment.

iii. The applicant shall not indulge in any criminal activity or
commission of any crime after being released on bail.

iv. The applicant shall attend in accordance with the conditions of the
bond executed by him.

7. In case of breach of any of the above conditions, it shall be a
ground for cancellation of bail.

8. Identity, status and residence proof of the applicant and sureties be
verified by the court concerned before the bonds are accepted.

9. Verification of mobile number and Aadhaar card of the applicant as
well as sureties should be verified by the court concerned.

10. It is made clear that the applicant shall be released on the basis
of computer generated copy of this order, downloaded from the
official website of High Court Allahabad and verified by the concerned
counsel with the undertaking that the certified copy will be filed within
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                                    15 days.

                                    11. It is further directed that the trial court shall send the release order
                                    to the concerned jail through Bail Order Management System
                                    (BOMS) to ensure early release of the applicant.

                                    12. Office is directed to send a copy of this order to the applicant
                                    through Bijnor Jail Superintendent via e-mail or e-prison portal
                                    within 24 hours in compliance of the order of the Apex Court in the
                                    case of Policy Strategy for Grant of Bail, In Re: Suo Motu Writ
                                    Petition (Crl.) No.4 of 2021 decided on 31.01.2023 reported in
                                    (2024) 10 SCC 685.

                                    May 6, 2026
                                    S.C.
                                                                                 (Arun Kumar Singh Deshwal,J.)




Digitally signed by :-
SHUBHAM CHAURASIA
High Court of Judicature at Allahabad