Allahabad High Court
SALMANversusSTATE OF U.P.
- Decided
- Bench
- ASHUTOSH SRIVASTAVA
Holding
The court granted bail to the accused, subject to conditions, finding that the criteria for bail under Section 483 were satisfied.
Summary
Salman, the accused, applied for bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, in a case (Crime No. 301 of 2025) involving alleged offences under Sections 109, 317(2), 317(5) of the Bharatiya Nyaya Sanhita, 2023 and Sections 3, 25, 27 of the Arms Act. The applicant claimed innocence, asserting that the incident was a police firing with no injuries and that the recovery memo was fabricated, and argued that he had been in custody since 7 August 2025 with no further need for interrogation. The State opposed bail, citing the seriousness of the charges, the risk of evidence tampering, and potential intimidation of witnesses. The court examined the nature of the accusations, the severity of possible punishment, and the prima facie risk of witness tampering, concluding that these factors justified granting bail. Accordingly, the court ordered Salman’s release on bail subject to a personal bond, two reliable sureties, and conditions prohibiting tampering with evidence, criminal activity, and intimidation of witnesses. The bail order also required his regular appearance before the trial court.
Issues considered
- What is the appropriateness of granting bail to the accused under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 given the seriousness of the charges and risk of tampering with evidence or intimidation of witnesses?
Legislation cited
- Arms Act — s. 25, 27, 3
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 483
- Bharatiya Nyaya Sanhita, 2023 — s. 109, 317(2), 317(5)
Subjects
- bail
- criminal procedure
- evidence tampering
- witness intimidation
- Arms Act
- serious offences
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 3497 of 2026
Salman
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Dewendra Singh, Rajesh Prasad, Vimal
Kumar Pal
Counsel for Opposite Party(s) : G.A.
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,
BAIL No. 3497 of 2026
2
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.
(Ashutosh Srivastava,J.)
March 16, 2026
Ravi Prakash
Digitally signed by :-
RAVI PRAKASH
High Court of Judicature at Allahabad
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