Saleem vs State of U.P.

The present bail application under Section 483 BNSS has been filed with a prayer to enlarge the applicant on bail in Case Crime No. 249 of 2025, under Sections 115(2), 105 BNS, Police Station Talgram, District Kannauj, during the pendency of trial.

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Counsel for the applicant submits that the applicant has been falsely implicated in the present case. The applicant has not assaulted the brother of the informant. According to the postmortem report, four contusions were found on the body of the deceased. In the opinion of the doctor, the cause of death is septicemic shock due to multiple organ failure. The medical report does not support the prosecution version. Criminal history of the applicant has been explained in para 3 of the supplementary affidavit. The applicant is in jail since 10.09.2025 and in case he is enlarged on bail, he will not misuse the said liberty.

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Learned AGA opposed the prayer for bail but could not satisfactorily dispute the aforesaid submissions from the record.

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Having heard counsel for the parties and having perused the record, this

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BAIL No. 35893 of 2025

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Court prima facie finds that according to the postmortem report four contusions were found on the body of the deceased. In the opinion of the doctor the cause of death is septicemic shock due to multiple organ failure. The medical report does not support the prosecution version. Moreover, the applicant has remained confined for almost two months and after submission of charge sheet there is no hope of early conclusion of trial, more so when no reasonable apprehension has been brought to the fore by the State that the applicant, if enlarged on bail, would either tamper with the evidence or delay the trial or intimidate the witness, without commenting on the merits of the case, I am of the opinion that the applicant is entitled to be enlarged on bail.

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Let the applicant Saleem, involved in the aforesaid case 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 subject to the conditions that he:

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(i) shall appear on the date fixed by the trial court;

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(ii) shall not tamper with the prosecution evidence; and,

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(iii) shall not pressurize the prosecution witnesses.

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