Saleem vs State Of U.P.
- Neutral2026:AHC:103539
Ratio decidendi
The rule this decision rests on
When considering an application for bail during the pendency of trial, the court must weigh the nature of the offence, the evidence against the accused, the degree of the accused's complicity, the condition of overcrowded jails, and the heavy pendency of criminal cases before trial courts, in accordance with the principles laid down by the Supreme Court and the High Court's own guidelines on bail, without expressing any opinion on the merits of the case. The grant of bail may be conditioned upon the furnishing of personal bond and sureties, and breach of any condition imposed shall be a ground for cancellation of bail. Before accepting bonds, the court concerned must verify the identity, status, and residence proof of the applicant and sureties, and must verify the mobile number and Aadhaar card of both the applicant and sureties. A bail order may be executed on the basis of a computer-generated copy downloaded from the official High Court website and verified by counsel, with an undertaking that a certified copy will be filed within fifteen days, and the trial court must transmit the release order to the jail through the Bail Order Management System to ensure timely release of the applicant.
Written by Miss Lucy from the judgment below, not taken from a headnote.
Judgment
As delivered
1. Heard Sri Devesh Kumar Shukla, learned counsel for the applicant, Sri Roshan Kumar Singh, learned A.G.A. for the State and perused the record.
2. The instant bail application has been filed with a prayer to release the applicant on bail in Case Crime No. 442 of 2025 Under Sections 103(1), 238, 3(5) B.N.S., Police Station-Najibabad, District-Bijnor, during the pendency of the trial.
3. Contention of learned counsel for the applicant is that the applicant was not named in the FIR. Subsequently, in the confessional statement of the named accused, Rafeeq, the name of the applicant surfaced as one of his accomplices along with co-accused Arshad and Arif; however, there is no incriminating material against the applicant. It is further submitted that co-accused Arshad and Arif, have already been released on bail by a coordinate Bench of this Court in Criminal Misc. Bail Application Nos. 6325 of 2026 and 14573 of 2026 vide orders dated 20.02.2026 and 30.04.2026. Therefore, the applicant having an identical role, is also entitled to be released on bail on the ground of parity. It is further submitted that the applicant has no criminal history. It is further submitted that charge sheet has been filed in the present case, therefore, there is no requirement of custodial interrogation. The applicant is a law abiding citizen and he is languishing in jail since 11.03.2026. In case, he is granted bail, he will not misuse the liberty of bail and would cooperate in the trial proceedings.
4. Per contra, learned A.G.A. has vehemently opposed the prayer for bail but could not dispute the aforesaid facts.
5. Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties and keeping in view the nature of offence, evidence, complicity of the accused and taking into account overcrowded jails and heavy pendency of criminal cases before the trial courts as well as considering the mandate of the judgement of the Apex Court in the case of Kapil Wadhawan vs Central Bureau of Investigation reported in 2025 SCC OnLine SC 3038 as well as guideline of this Court in the case of Maya Tiwari Vs. State of U.P. reported in 2024 SCC Online All 6765 regarding grant of bail and without expressing any opinion on the merits of the case, I am of the opinion that the applicant is entitled to be enlarged on bail.
6. Let the applicant- Saleem, involved in the aforementioned crime be released on bail, on his 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 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.
ii. The applicant shall cooperate in the trial/investigation sincerely without seeking any adjournment.
iii. The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.
iv. The applicant shall attend in accordance with the conditions of the bond executed by him.
7. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
8. Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.
9. Verification of mobile number and Aadhaar card of the applicant as well as sureties should be verified by the court concerned.
10. It is made clear that the applicant shall be released on the basis of computer generated copy of this order, downloaded from the official website of High Court Allahabad and verified by the concerned counsel with the undertaking that the certified copy will be filed within 15 days.
11. It is further directed that the trial court shall send the release order to the concerned jail through Bail Order Management System (BOMS) to ensure early release of the applicant.
12. Office is directed to send a copy of this order to the applicant through Bijnor Jail Superintendent via e-mail or e-prison portal within 24 hours in compliance of the order of the Apex Court in the case of Policy Strategy for Grant of Bail, In Re: Suo Motu Writ Petition (Crl.) No.4 of 2021 decided on 31.01.2023 reported in (2024) 10 SCC 685.
(Arun Kumar Singh Deshwal,J.)
May 6, 2026
S.C.
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