Salim @ Lala (as Per Rejection Order ) Vs State of U.P… — Anticipatory Bail | Allahabad HC (2025)

Salim @ Lala (as Per Rejection Order ) Vs State of U.P… — Anticipatory Bail | Allahabad HC (2025)

What the court decided

AI extract

Outcome

Anticipatory bail granted: applicant to surrender before the trial court within twenty days, to be released on a personal bond and two sureties each of the same amount, subject to conditions (i)-(v) and such further conditions as the trial court may impose, with liberty to the trial court to cancel bail on violation.

Issue for consideration

Whether the applicant, apprehending arrest in Case Crime No. 161/2016 under Sections 3/5/8 of the Prevention of Cow Slaughter Act (Police Station Pasgawan, District Lakhimpur Kheri), is entitled to anticipatory bail under Section 438 Cr.P.C.

Court's answer

Considering that the applicant has no criminal history, the offences are triable by a Magistrate, the charge sheet has already been filed, and the applicant cooperated during investigation and was not arrested therein, the applicant is entitled to the benefit of anticipatory bail in view of Musheer Alam v. State of U.P., subject to his continued cooperation during trial.

Ratio / Principle

The accused-applicant is directed to surrender before the trial court within twenty days; upon surrender, the trial court shall release him on anticipatory bail on furnishing a personal bond and two sureties each of the same amount, subject to conditions (i)-(v) (no tampering with evidence or dissuasion of witnesses, no foreign travel without permission, presence on all scheduled dates, liberty to cancel bail on violation) and any other reasonable conditions the trial court deems fit.

Key takeaways

The observations made in granting bail shall not in any way affect the trial Judge in forming his independent opinion based on the testimony of the witnesses.obiter¶¶26

Detailed headnote1 paragraphs

Anticipatory bail — S.438 Cr.P.C. — applicant sought protection of arrest in Case Crime No. 161/2016 under Sections 3/5/8, Prevention of Cow Slaughter Act, P.S. Pasgawan, District Lakhimpur Kheri; name surfaced only in the custody confessional statement of a co-accused; FIR of 2016 with investigation completed the same year but charge sheet filed only in 2024 after an inordinate delay of eight years; no previous criminal antecedents; applicant cooperated during investigation and was not arrested; offences triable by a Magistrate; charge sheet already filed. Reliance placed on Musheer Alam v. State of U.P., 2025 SCC OnLine SC 116. Held: applicant entitled to anticipatory bail, subject to continued cooperation during trial. Directed to surrender within twenty days; release on personal bond and two sureties of the same amount with conditions against tampering, witness intimidation and foreign travel without permission; liberty to trial court to cancel on violation. Application allowed. (Karunesh Singh Pawar, J.; October 31, 2025)

HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW

CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 1203 of 2025

Salim @ Lala (As Per Rejection Order )

.....Applicant(s)

Versus

State Of U.P. Thru. Secy. Home Lko.

.....Opposite Party(s) Counsel for Applicant(s) : Surendra Kumar Mishra, Mohd. Shahid Akhtar Counsel for Opposite Party(s) : G.A.

Court No. - 15

HON'BLE KARUNESH SINGH PAWAR, J.

The present anticipatory bail application has been filed by the applicant apprehending his arrest in Case Crime No.-161/2016, Under Section3/5/8, Prevention of Cow Slaughter Act, Police Station : Pasgawan, District: Lakhimpur Kheri.

Heard learned counsel for the applicant and learned A.G.A. for the State.

Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the case. His name has surfaced only in the confessional statement of a co-accused recorded while in police custody. It is further submitted that although the FIR was lodged in the year 2016 and the investigation was completed in the same year, the charge sheet was filed in a casual manner after an inordinate delay of eight years, in 2024. The applicant has no previous criminal antecedents.

It is also submitted that the applicant has cooperated during the course of investigation and undertakes to cooperate in the trial.

Learned A.G.A. has opposed the anticipatory bail application.

Considering the facts that the applicant has no criminal history, the offences in question are triable by a Magistrate, and the charge sheet has already been filed, coupled with the fact that the applicant cooperated during investigation

ABAIL No. 1203 of 2025

2

and was not arrested therein, this Court is of the considered opinion that the applicant is entitled to the benefit of anticipatory bail, in view of the judgment of the Hon’ble Supreme Court in Musheer Alam v. State of U.P., 2025 SCC OnLine SC 116 , subject to his continued cooperation during trial.

In view of the above, the accused-applicant is directed to surrender before the trial court within a period of twenty days from today. Upon his surrender, the trial court shall release him on anticipatory bail, subject to his furnishing a personal bond and two sureties each of the same amount, to the satisfaction of the trial court, with the following conditions:-

(i) The applicant shall refrain from directly or indirectly inducing, threatening, or promising any person familiar with the facts of the case in a manner that may dissuade them from revealing such facts before the Court or result in tampering with the evidence;

(ii) The applicant shall not travel outside India without prior permission from the Court;

(iii) The applicant shall not attempt to influence or intimidate any prosecution witness;

(iv) The applicant shall remain present before the trial court on all scheduled dates unless specifically exempted from personal appearance;

(v) In the event of any violation of the aforementioned conditions, the trial court shall be at liberty to cancel the bail granted to the applicant;

Any other reasonable restrictions/conditions which the trial court may deem fit and proper can be imposed.

It is made clear that the observations made in granting bail to the applicant shall not in any way affect the trial Judge in forming his independent opinion based on the testimony of the witnesses.

In view of the aforesaid, the application is allowed .

(Karunesh Singh Pawar,J.)

October 31, 2025 R.C.

Digitally signed by :- RAM CHANDER YADAV High Court of Judicature at Allahabad, Lucknow Bench