Saleem Vs State of U.P.

The instant application has been filed seeking release of the applicant on bail in Case Crime No. 656 of 2025, under Sections 316(2), 318(4), 61(2), 126(2), 115(2) and 351(3) of BNS, Police Station Quarsi, District Aligarh, during pendency of the trial in the court below.

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Learned counsel for the applicant submitted that however, as per allegation applicant by playing fraud executed the sale deed in favour of the informant with regard to the property for which he had already executed the sale deed earlier to some other persons but entire allegation levelled against the applicant are totally false.

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He further submitted that even no consideration has been received by applicant with regard to the alleged sale deed executed by him and this fact is evident from his bank statement which has been annexed alongwith the instant bail appliaction.

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He further submitted that however, apart from the present case applicant is having criminal history of five other cases but his criminal history has been explained in the instant bail application.

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He further submitted that all the alleged offences are triable by Magistrate punishable with maximum punishment of seven years and in the present matter applicant is in jail since 8.1.2026 i.e. for last four months.

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Per contra, learned AGA opposed the prayer for bail but could not dispute the arguments on facts advanced by learned counsel for the applicant.

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I have heard learned counsel for the parties and perused the record of the case.

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However, as per allegation applicant by playing fraud executed sale deed of a property in favour of informant and apart from the present case applicant is also

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BAIL No. 4852 of 2026

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having criminal history of five other cases but all the alleged offences are triable by Magistrate with maximum punishment of seven years.

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Further, entire criminal history of the applicant has been explained in the instant bail application and in the present matter applicant is in jail for last four months.

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Further, law is settled that unless proven guilty an accused is deemed to be innocent and bail is a rule while bail rejection is an exception.

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Therefore, considering the facts and circumstances of the case, discussed above, in my view, applicant is entitled to be released on bail.

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Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed .

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Let the applicant- Saleem , be released on bail in the aforesaid case on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:-

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(i) The applicant shall appear before the trial court on the dates fixed, unless his personal presence is exempted.

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(ii) The applicant shall not directly or indirectly, make 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 any police officer or tamper with the evidence.

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(iii) The applicant shall not indulge in any criminal and anti-social activity.

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In case of breach of any of the above condition, the prosecution will be at liberty to move an application before this Court for cancellation of the bail of the applicant.

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It is clarified that the observations made herein are limited to the facts brought in by the parties pertaining to the disposal of bail application and the said observations shall have no bearing on the merits of the case during trial.

May 5, 2026

Ankita

(Sameer Jain,J.)

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

Saleem v. State of U.P.

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Saleem v. State of U.P.

Case brief

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