High Court
Case Details
Neutral Citation No. - 2025:AHC:89138 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 4864 of 2025 Applicant :- Salman Opposite Party :- State of U.P. Counsel for Applicant :- Aftab Khan,Ashok Kumar Singh,Mohd. Afzal Ansari,Rakesh Kumar Singh,Suresh Kumar Tripathi,Syed Shahnawaz Shah Counsel for Opposite Party :- Ajay Kumar Tiwari,G.A.,Sangam Lal Kesharwani Hon'ble Sameer Jain,J. 1. From the report dated 24.5.2025 submitted by learned Registrar General of this Court, it reflects that matter with regard to 'action taken' against erring Software Company is pending before Computerization Committee of this Court, therefore, the instant bail application is being heard on merit.
Legal Reasoning
2. Heard Sri Syed Shahnawaz Shah, learned counsel for the applicant; Sri Sangam Lal Kesharwani, learned counsel for the informant and Sri Imran Khan, learned AGA for the State- respondent. 3. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 218 of 2024, under Sections 191(2), 191(3), 190, 103(1) BNS, Police Station Mauaima, District Prayagraj, during pendency of the trial in the court below. 4. Learned counsel for the applicant submitted that on the basis of false allegations, applicant has been made accused in the present matter alongwith several others including co-accused Sarwar and co-accused Sarwar who was also named in the FIR alongwith applicant has been released on bail by this Court vide order dated 7.5.2025 passed in Crl. Misc. Bail Application No. 12291 of 2025 and case of applicant is at par with him. 5. He further submitted that however, apart from the present case, applicant is having criminal history of 12 other cases but his entire criminal antecedents have been duly explained in para-35 of the affidavit filed alongwith the instant bail application. 6. He further submitted that however, out of 12 cases, two cases were of section 307 IPC but both these cases were the cases of no injury. He further submitted that in all the cases, applicant is on bail. 7. He further submitted that from perusal of the criminal antecedents of the applicant, it reflects in majority of the cases, he has been roped by the police during investigation. 8. He further submitted that considering the criminal history of the applicant, it would not be proper to withheld the bail application of the applicant. 9. He further submitted that applicant is in jail in the present matter since 10.9.2024 i.e. for last more than 6 months. 10. Per contra, learned AGA as well as learned counsel for the informant however, opposed the prayer for bail and submitted that apart from the present case applicant is having criminal history of 12 other cases therefore, he appears to be habitual offender but they could not dispute that except two cases which relates to offence under section 307 IPC, all the other cases are triable by Magistrate and even these two cases which relate to offence under section 307 IPC were the cases of no injury. They further could not dispute the fact that in all the cases, applicant is on bail. 11. They further could not dispute the fact that co-accused Sarwar and number of other accused have already been released on bail and on facts case of applicant is at par with co-accused Sarwar. 12. I have heard learned counsel for the parties and perused the record of the case. 13. However, as per allegation, applicant and others made assault due to which subsequently, deceased died but it reflects alongwith the applicant as many as five others were also named in the FIR alongwith co-accused Sarwar and he has already been released on bail by this Court and on facts case of applicant is at with him. 14. Further, however, apart from the present case, applicant is having criminal history of 12 other cases but his entire criminal history has been explained in the instant bail application and however from the criminal antecedents of the applicant, it reflects that out of 12 cases, two cases were of section 307 IPC but both these cases were the cases of no injury and in all the cases applicant is on bail. 15. Further after perusing criminal antecedents of the applicant it appears that in majority of the cases, during investigation applicant has been made accused. 16. Further, considering the criminal antecedents of the applicant, this Court finds merit in the argument advanced by learned counsel for the applicant that on the basis of such criminal antecedents, it is not proper to the withheld his bail application specially considering the fact that law is settled that if otherwise case of bail is made out then merely on the basis of criminal antecedents, ordinarily bail application of an accused should not be dismissed. 17. Further, applicant is in jail in the present matter since 10.9.2024 i.e. for last more than 6 months. 18. Therefore, considering the facts and circumstances of the case, discussed above, in my view, applicant is entitled to be released on bail. 19. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 20. Let the applicant-Salman, 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:- (i) The applicant shall appear before the trial court on the dates fixed, unless his personal presence is exempted. (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. (iii) The applicant shall not indulge in any criminal and anti-social activity. 21. 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. 22. 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. 23. As matter is pending before the Computerization Committee of this Court, therefore, only for this purpose, matter is being kept pending. Put up this case in my Chamber on 21.7.2025. On the next date Registrar General of this Court shall submit report whether any decision has been taken by the Committee or not. Order Date :- 26.5.2025 Ankita Digitally signed by :- Digitally signed by :- ANKITA SRIVASTAVA ANKITA SRIVASTAVA High Court of Judicature at Allahabad High Court of Judicature at Allahabad