Allahabad High Court
SALEEMversusSTATE OF U.P.
- Decided
- Bench
- ASHUTOSH SRIVASTAVA
Holding
The Court granted bail to Saleem subject to personal bond, sureties and specified conditions.
Summary
The High Court of Allahabad considered a bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 on behalf of Saleem, who is accused in Crime No. 333 of 2024 under multiple provisions of the Bharatiya Nyaya Sanhita, 2023 and the Arms Act. Saleem claimed innocence and pointed to CCTV evidence, arguing that co‑accused who faced similar charges were granted bail after their Special Leave Petitions were allowed by the Supreme Court. The State opposed bail but could not refute the factual background. The Court examined the seriousness of the offences, the risk of evidence tampering, and the existence of a prima facie case, and concluded that bail could be granted with strict conditions. Accordingly, the Court ordered Saleem’s release on personal bond and two sureties, subject to conditions prohibiting tampering, criminal activity, intimidation of witnesses, and mandating regular court appearances.
Issues considered
- Whether bail should be granted to the accused under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in view of the nature and seriousness of the charges.
- Whether the precedent of bail granted to co‑accused in similar cases after Supreme Court SLPs applies to the present applicant.
Legislation cited
- Arms Act — s. 1-A.B, 25(1-A)
- Bharatiya Nagarik Suraksha Sanhita — s. 483
- Bharatiya Nyaya Sanhita — s. 109(1), 115(2), 121(2), 125, 132, 190, 190(1), 191(2), 191(3), 221, 223(b), 310(2), 311, 317(3), 352
Subjects
- bail
- criminal procedure
- Bharatiya Nyaya Sanhita
- Bharatiya Nagarik Suraksha Sanhita
- Arms Act
- prima facie case
- witness tampering
- conditions of bail
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 19650 of 2025
Saleem
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Irshad Ahmad
Counsel for Opposite Party(s) : G.A.
Court No. - 68
HON'BLE ASHUTOSH SRIVASTAVA, J.
Heard Shri Irshad Ahmad, learned counsel for the applicant, Shri Roopak
Chaubey, 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, Saleem,
seeking enlargement on bail in Case Crime No. 333 of 2024, under Sections
191 (2), 191 (3), 190, 115 (2), 352, 221, 132, 190 (1), 121 (2), 109 (1), 125,
310 (2), 311, 317 (3), 223 (b) of the Bharatiya Nyaya Sanhita, 2023 and
Section 25 (1-A), 1-A.B), Arms Act, Police Station Kotwali Sambhal,
District Sambhal.
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 5.1.2025. Learned counsel for the applicant
submits name of the applicant featured in the present case crime number
on the basis of CCTV footage and that bail applications of similarly
circumstanced co-accused namely Mohd. Danish, Faizan and Nazir, were
also rejected by this Court and against the said rejection order they have
filed Special Leave Petitions before Hon'ble Apex Court being SLP Nos.
12032 of 2025, 13802 of 2025 and 13952 of 2025 and all the said SLP
have been allowed and the applicants have been granted bail vide order
dated 27.10.2025 with following observations:
"6. All the abovenamed appellants are in custody for more than 07
months from the date of their respective arrests. We are informed that the
BAIL No. 19650 of 2025
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investigation is complete; the charge-sheets have been filed and even the
charges have been framed against the appellants.
7. In this view of the matter, we are also of the opinion that it is a fit case
where the appellants can be released on bail, on such conditions as may
be imposed by the trial Court. Ordered accordingly."
Learned counsel for the applicant further submits that the case of the
applicant is similar to the co-accused and he is also entitled for grant of
bail. He has 08 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.
Per contra learned A.G.A. has opposed the prayer for bail of the applicant,
but could not dispute the aforesaid fact.
Considering all above facts and circumstances, the nature of accusations,
severity of the punishment in the case of conviction and nature of supporting
evidence, reasonable apprehension of tampering with the witness and prima
facie case, but without commenting on merit of case, a case for bail is made
out.
Accordingly, the bail application is allowed.
Let the accused-applicant, Saleem, 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.
BAIL No. 19650 of 2025
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In the event of breach of any of the aforesaid conditions, the court below
will be at liberty to proceed to cancel his bail.
(Ashutosh Srivastava,J.)
March 11, 2026
Ravi Prakash
Digitally signed by :-
RAVI PRAKASH
High Court of Judicature at Allahabad
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