Saleem Vs State of U.P. and Another

As per office report, notice has been served on opposite party no. 2, however, none has appeared on behalf of opposite party no.2 to oppose the appeal.

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This criminal appeal under Section 14-A(2) of The Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act, 1989 has been preferred by the appellant-Saleem with the prayer to allow the appeal, set aside the bail rejection order dated 02.04.2025 passed by the Learned Additional District and Session Judge/Special Judge (SC/ST Act), Sambhal at Chandausi, in Case Crime No. 28 of 2025, Under Sections 87 & 64(1) of B.N.S. and Section 3/5 of U.P. Prohibition of Unlawful Conversion of Religion Act, P.S. Sambhal, District Sambhal.

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Learned counsel for appellant has submitted that the appellant has been falsely implicated in this case by the informant. Informant has alleged that his wife was abducted by appellant. However, when her statement was recorded under Section 183 of Bharatiya Nagarik Suraksha Sanhita (BNSS2023), she stated that appellant is her neighbour and she loves appellant. She has also stated that she had left with appellant on her own free will. It was further submitted that wife of informant/ victim is a forty year old lady and she had an extra marital affair with appellant. Informant being aggrieved by this extra marital affair lodged the FIR. Hence, appellant is entitled for bail.

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Learned AGA for State has opposed the appeal.

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CRLA No. 4554 of 2025

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2

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I have considered the rival submissions so made and have gone through the entire record.

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Having regard to the facts and circumstances of the case and keeping in view the nature of the offence, evidence, complicity of the accused, severity of punishment, the Court is of the opinion that the appellants have made out a case for bail.

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Accordingly, the appeal is allowed and the impugned order rejecting the bail application of the appellant is set-aside.

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Let the appellant- Saleem involved in Case Crime No. 28 of 2025, Under Sections 87 & 64(1) of B.N.S. and Section 3/5 of U.P. Prohibition of Unlawful Conversion of Religion Act, P.S. Sambhal, District Sambhal , be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions. Further, before issuing the release order, the sureties be verified.

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(i) The appellant will not tamper with the evidence during the trial.

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(ii) The appellant will not pressurize/ intimidate the prosecution witness.

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(iii) The appellant will appear before the trial court on the date fixed, unless personal presence is exempted.

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(iv) The appellant shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected.

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(v) The appellant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence.

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In case of breach of any of the above conditions, the concerned Court shall be at liberty to take appropriate coercive action for appearance of the accused or to cancel the bail granted.

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(Anil Kumar-X,J.)

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October 8, 2025 Mukesh

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Digitally signed by :- MUKESH SRIVASTAVA High Court of Judicature at Allahabad

Saleem v. State of U.P. and Another

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