Salman vs State Of U.P. Thru. Prin. Secy. Home Lko.

1.Heard learned counsel for the applicant, learned Additional Government Advocate for the State and perused the record.

2.Learned counsel for the applicant submits that the applicant is not named in the first information report. There is no independent public witness to the alleged recovery of Rs.3000/- and country made pistol. The injuries sustained by the injured are simple in nature as described in the medical report, Annexure-2. The applicant has explained previous criminal history of 36 cases in the bail application. The applicant is in jail since 9.7.2023.

It is further submitted that there is no possibility of the applicant of fleeing away after being released on bail or tampering with the witnesses. In case the applicant is enlarged on bail, he shall not misuse the liberty of bail.

3.Learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid facts as argued by the learned counsel for the applicant.

4.Considering the facts and circumstances of the case, the fact that the applicant has explained criminal history, applicant is not named in the bail application, simple nature of injuries, arguments advanced by learned counsel for the parties, the period for which the applicant is in jail and without expressing any opinion on the merit of the case, I find it to be a fit case for enlarging the applicant on bail.

5.Let the applicant Salman, involved in Case Crime No.171 of 2023 under sections 459 I.P.C, 3/25 Arms Act, P.S. BBD, district Lucknow 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 which are being imposed in the interest of justice:-

(i) The applicant will not tamper with the prosecution evidence during the trial.

(ii) The applicant will not pressurize/ intimidate the prosecution witness.

(iii) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court and he shall appear on each and every date fixed by the trial Court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law.

Any other condition(s) which the trial court/court concerned may deem fit and proper, in the circumstances of the case, may also be imposed.

6.The application is allowed accordingly.

It is clarified that the observations made in this order are confined to the present bail application and shall have no bearing on the merit of the trial.

(Rajeev Bharti,J.)

May 6, 2026

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