Allahabad High Court
SALMANversusSTATE OF U.P.
- Decided
- Bench
- AVNISH SAXENA
Holding
Since the arrest and recovery were made without an independent witness, the accused is entitled to bail notwithstanding the pending charges under the Explosive Substances Act.
Summary
The accused, Salman, applied for bail in a case under Sections 288 of the IPC and Sections 4 and 5 of the Explosive Substances Act for allegedly possessing fire‑cracker material. He claimed false implication, lack of an independent witness to the arrest and recovery, and highlighted his cooperation with the investigation and clean criminal record. The State opposed the bail. The Court examined the submissions and noted that the arrest and seizure were conducted without an independent witness, rendering the evidence weak. Relying on Supreme Court precedents, the Court granted bail without addressing the merits of the underlying charge. Salman was ordered to be released on personal bond with two sureties and to cooperate with the judicial process.
Issues considered
- Whether bail can be granted when the arrest and recovery of alleged explosive material are made without an independent witness.
- Whether the nature of the offences under the Explosive Substances Act justifies denial of bail.
- Whether the accused's cooperation and lack of prior criminal history warrant bail.
Legislation cited
- Explosive Substances Act — s. 4, 5
- Indian Penal Code — s. 288
Subjects
- bail
- Explosive Substances Act
- independent witness
- false implication
- criminal procedure
- court discretion
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 35055 of 2026
Salman
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Rajesh Kumar, Saurabh Yadav
Counsel for Opposite Party(s) : G.A.
Court No. - 69
HON'BLE AVNISH SAXENA, J.
1. Heard Sri Saurabh Yadav, learned counsel for accused applicant and
learned A.G.A. for State.
2. The present bail application has been moved by the applicant/ accused-
Salman to enlarge him on bail in Case Crime No. 165 of 2026, under
Sections 288 BNS and Section 4/5 of the Explosive Substances Act, P.S.-
Mahewaghat, District- Kaushambi, during the pendency of trial.
3. It is the contention of learned counsel for applicant that the accused
applicant has been falsely implicated in the FIR dated 01.09.2026 lodged
by the police against three named persons including the accused/applicant
with the allegation that the accused/applicant is apprehended with the
material pertaining to fire crackers. It is the contention of learned counsel
that there is no independent witness of arrest and recovery, out of three
persons one of co-accused has already been granted bail by the coordinate
Bench of this Court, although from her the powder which is used in
cracker was recovered. The investigation is continuing and the
accused/applicant is cooperating with the investigation. The
accused/applicant has no criminal history. The accused applicant is
languishing in jail since 02.09.2026. He seeks to be enlarged on bail.
4. Learned A.G.A. for State and learned counsel for the informant have
opposed the prayer for bail.
5. This Court has taken into consideration the rival submissions made by
BAIL No. 35055 of 2026
2
learned counsel for the parties and perused the record.
6. Considering that the arrest and recovery has been made in absence of
independent witness, the accused/applicant is entitled to be released on
bail.
7. Hence, without touching merit of the case, the bail application is
allowed.
8. The accused/applicant be released on bail in the aforesaid case on
furnishing a personal bond and two sureties each in the like amount to the
satisfaction of court concerned in view of observation made by the
Supreme Court in its dictums of Girish Gandhi Vs. State of Uttar
Pradesh [(2024) 10 SCC 674] and Policy Strategy for grant of bail in
re [(2024)10SCC 685].
9. The accused-applicant shall cooperate in judicial process for fair and
speedy disposal.
(Avnish Saxena,J.)
October 1, 2026
Abhishek Sri.
Digitally signed by :-
ABHISHEK RANJAN SRIVASTAVA
High Court of Judicature at Allahabad
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