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2025 DAILYLAW 103317 (ALL)

JAVED v. STATE OF U.P.

BAIL/36795/2024 · 2025-05-25

Siddharth

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:90308 Reserved On:-17.05.2025 Delivered On:-26.05.2025 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 36795 of 2024 Applicant :- Javed Opposite Party :- State of U.P. Counsel for Applicant :- Akanksha Gaur,Sonakshi Arora,Yash Raj Verma Counsel for Opposite Party :- G.A.,Vivek Singh Hon'ble Siddharth,J. Heard Sri N.I. Jafri, learend Senior Counsel, assisted by Sri Gufran Ahmad, learned counsel for applicant; Ms. Manju Thakur, learned AGA-Ist for State and perused the material on record. The instant bail application has been filed on behalf of the applicant, Javed, with a prayer to release him on bail in Case Crime No. 0268 of 2024, under Section- 323, 302, 506 and 427 of I.P.C., Police Station - Hapurnagar, District- Hapur. There are allegations in the F.I.R. that the sister of the informant, Asra, was talking on mobile phone and her mobile phone was snatched by the applicant, Javed and co-accused, Majeed, who are real uncles of the informant. They threw her on the ground and started beating her. When informant tried to save her, he was also beaten and he suffered injuries on his shoulder and head. He ran away from the spot because the applicant and co-accused, Majeed, were searching him. Subsequently, his sister died. Learned Senior counsel for the applicant has submitted that the mother of the deceased had left her and the informant when they were about three years old. Applicant and his brothers were looking after them. They have been falsely implicated by the informant. This Court after hearing the learned counsels for the parties finds that the deceased was mercilessly beaten and has suffered six ante mortem injuries. There is no explanation as to who caused the aforesaid injuries. This Court does not finds any ground for enlarging the applicant on bail at this stage. The bail application is accordingly, rejected. The trial court is directed to conclude the trial against the applicant as expeditiously as possible, as per section 309 Cr.P.C. (new section 346 B.N.S.S.) Order Date :- 26.5.2025 Abhishek Digitally signed by :- ABHISHEK YADAV High Court of Judicature at Allahabad