Saleem Vs State of U.P.

This bail application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 has been moved on behalf of accused-applicant, Saleem, seeking enlargement on bail in Case Crime No. 333 of 2024, under Sections 191 (2), 191 (3), 190, 115 (2), 352, 221, 132, 190 (1), 121 (2), 109 (1), 125, 310 (2), 311, 317 (3), 223 (b) of the Bharatiya Nyaya Sanhita, 2023 and Section 25 (1-A), 1-A.B), Arms Act, Police Station Kotwali Sambhal, District Sambhal.

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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 5.1.2025. Learned counsel for the applicant submits name of the applicant featured in the present case crime number on the basis of CCTV footage and that bail applications of similarly circumstanced co-accused namely Mohd. Danish, Faizan and Nazir, were also rejected by this Court and against the said rejection order they have filed Special Leave Petitions before Hon'ble Apex Court being SLP Nos. 12032 of 2025, 13802 of 2025 and 13952 of 2025 and all the said SLP have been allowed and the applicants have been granted bail vide order dated 27.10.2025 with following observations:

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"6. All the abovenamed appellants are in custody for more than 07 months from the date of their respective arrests. We are informed that the

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BAIL No. 19650 of 2025

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investigation is complete; the charge-sheets have been filed and even the charges have been framed against the appellants.

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In this view of the matter, we are also of the opinion that it is a fit case where the appellants can be released on bail, on such conditions as may be imposed by the trial Court. Ordered accordingly."

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Learned counsel for the applicant further submits that the case of the applicant is similar to the co-accused and he is also entitled for grant of bail. He has 08 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.

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Per contra learned A.G.A. has opposed the prayer for bail of the applicant, but could not dispute the aforesaid fact.

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Considering all above facts and circumstances, the nature of accusations, severity of the punishment in the case of conviction and nature of supporting evidence, reasonable apprehension of tampering with the witness and prima facie case, but without commenting on merit of case, a case for bail is made out.

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Accordingly, the bail application is allowed .

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Let the accused-applicant, Saleem , 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:

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The applicant will not tamper with the evidence.

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The applicant will not indulge in any criminal activity.

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The applicant will not pressurize/intimidate the prosecution witnesses and co-operate in the trial.

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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.

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BAIL No. 19650 of 2025

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In the event of breach of any of the aforesaid conditions, the court below will be at liberty to proceed to cancel his bail.

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(Ashutosh Srivastava,J.)

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March 11, 2026

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Ravi Prakash