Neutral Citation No. - 2025:AHC:19045 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 46461 of 2024 Applicant :- Shalu Alias Shahnawaj Opposite Party :- State of U.P. Counsel for Applicant :- Rizwan Ullah Siddiqui Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. Heard Sri Rizwan Ullah Siddiqui, learned counsel for the applicant and Sri Ashutosh Singh, learned AGA for the State- respondent. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 205 of 2024, under Sections 332C, 109 BNS and 4/25 Arms Act, Police Station Kutubsher, District Saharanpur, during pendency of the trial in the court below. 3. Learned counsel for the applicant submitted that as per allegation applicant alongwith two others entered in the house of the informant under intoxication and thereafter he caused knife injury to the wife of the informant but entire allegations levelled against the applicant are totally false. He next submits, even as per prosecution, at the time of incident, applicant was under intoxication. 4. He further submitted that however, apart from the present case applicant is having criminal history of four other cases but out of four cases, three cases were under the provisions of Arms Act and this fact clearly suggests, police used to falsely implicate him. 5. He further submitted that in the present matter, applicant is in jail since 30.9.2024 i.e. for last more than three months. 6. Per contra, learned AGA opposed the prayer for bail and submitted that from the statement of the injured it reflects that applicant caused knife injury to her but could not dispute the fact that even as per injured applicant and other co-accused were under intoxication at the time of incident. 7. I have heard learned counsel for the parties and perused the record of the case. 8. However, as per allegation applicant caused knife injury to the injured but from the statement of the injured it reflects that at the time of incident, applicant and two others were under intoxication. 9. Further, however, apart from the present case applicant is having criminal history of four other cases but his criminal history has been explained in the instant bail application. 10. Further in the present matter, applicant is in jail since 30.9.2024 i.e. for last more than three months. 11. Therefore, considering the facts and circumstances of the case, discussed above, in my view, applicant is entitled to be released on bail. 12. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 13. Let the applicant-Shalu Alias Shahnawaj, 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. 14. 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. 15. 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. Order Date :- 10.2.2025/Ankita Digitally signed by :- ANKITA SRIVASTAVA High Court of Judicature at Allahabad