Salman Vs State of U.P. — Bail and Remand | Allahabad HC (2026)

Salman Vs State of U.P. — Bail and Remand | Allahabad HC (2026)

What the court decided

AI extract

Outcome

Accused-applicant Salman to be released on bail in Case Crime No. 301 of 2025 on executing a personal bond and two reliable sureties each, in the like amount, to the satisfaction of the court concerned, subject to conditions (no tampering with evidence, no criminal activity, no pressurizing/intimidating prosecution witnesses, regular appearance before the trial court); breach of any condition entitles the court below to cancel bail.

Issue for consideration

Whether the accused-applicant Salman, in custody in Case Crime No. 301 of 2025 (Sections 109, 317(2), 317(5) BNS 2023 and Sections 3/25/27 Arms Act, P.S. Prem Nagar, District Bareilly), should be enlarged on bail during the pendency of trial.

Court's answer

Considering the nature of accusations, severity of punishment in case of conviction, nature of supporting evidence and reasonable apprehension of tampering with witnesses, and prima facie but without commenting on the merits of the case, a case for bail is made out.

Ratio / Principle

The bail application is allowed and the accused-applicant Salman is to be released on bail on executing a personal bond and two reliable sureties each, in the like amount, to the satisfaction of the court concerned.

Key takeaways

Release is subject to conditions: the applicant will not tamper with evidence, will not indulge in criminal activity, will not pressurize/intimidate prosecution witnesses and will cooperate and appear regularly before the trial court; on breach of any condition the court below is at liberty to proceed to cancel his bail.ratio¶21

Detailed headnote1 paragraphs

Bail under Section 483, Bharatiya Nagarik Suraksha Sanhita, 2023 — Case Crime No. 301 of 2025, Sections 109, 317(2), 317(5) Bharatiya Nyaya Sanhita, 2023 and Sections 3/25/27 Arms Act, P.S. Prem Nagar, District Bareilly — applicant in jail since 7.8.2025 — charge sheet filed 1.11.2025, further custodial interrogation not required — two criminal antecedents stated to be sufficiently explained — held, considering nature of accusations, severity of punishment, supporting evidence and apprehension of witness tampering, and without commenting on merits, a case for bail made out — bail granted on personal bond and two reliable sureties, subject to conditions; breach entitles court below to cancel bail. (Ashutosh Srivastava, J.; decided March 16, 2026.)

HIGH COURT OF JUDICATURE AT ALLAHABAD

CRIMINAL MISC. BAIL APPLICATION No. - 3497 of 2026

Salman

.....Applicant(s)

		Versus
State of U.P.		.....Opposite Party(s)
Counsel for Applicant(s)	:	Dewendra Singh, Rajesh Prasad, Vimal Kumar Pal
Counsel for Opposite Party(s)	:	G.A.
Court No.- 68

HON'BLE ASHUTOSH SRIVASTAVA, J.

Heard learned counsel for the applicant, learned AGA for the Staterespondents and perused the record.

This bail application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 has been moved on behalf of accused-applicant, Salman, seeking enlargement on bail in Case Crime No. 301 of 2025, under Sections 109, 317 (2), 317 (5) of the Bharatiya Nyaya Sanhita, 2023 and Sections 3/25/27 of Arms Act, Police Station Prem Nagar, District Bareilly, during the pendency of the trial before the Court below.

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 7.8.2025. Learned counsel for the applicant submits that it is a case of police party firing with no injury. The alleged recovery shown in the recovery memo is false one. Charge sheet in this case has already been filed on 1.11.2025 and further custodial interrogation of the applicant is no more required. Applicant has two other 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.

Learned AGA has vehemently opposed the prayer for bail.

Considering all above facts and circumstances, the nature of accusations,

BAIL No. 3497 of 2026

2

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

Accordingly, the bail application is allowed .

Let the accused-applicant, Salman , 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:

The applicant will not tamper with the evidence.

The applicant will not indulge in any criminal activity.

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

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.

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

(Ashutosh Srivastava,J.)

March 16, 2026

Ravi Prakash

Digitally signed by :- RAVI PRAKASH High Court of Judicature at Allahabad