MOHD. USMAN v. STATE OF U.P. THRU. ADDL. CHIEF SECY. HOME LKO.
BAIL/1086/2025 · 2025-09-03
Karunesh Singh Pawar
body2025
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[ 2025 DAILYLAW 121814 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 121814 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 1086 of 2025 Court No. - 12 HON'BLE KARUNESH SINGH PAWAR, J. Heard learned counsel the applicant, learned A.G.A. for the State and
learned counsel for the complainant. The present application under Section 439 Cr.P.C./483 B.N.S.S. has been filed by the applicant- Mohd. Usman seeking bail in FIR/Case Crime No. 286 of 2024, under Sections 302, 506 IPC, P.S.- Safdardganj, District- Barabanki. In the prosecution case, it is alleged that on 28.6.2024 at about 05.00 am in the morning, while the informant along with her daughter was sitting in the courtyard (Angan), the son of the informant i.e., the present applicant took an axe which was kept in the house and started inflicting injuries on the informant's daughter Johra Bano (deceased) and has committed her murder. When the informant tried to stop, he was threatened and after committing the murder, the accused-applicant ran away.
Learned counsel for the applicant has submitted that the PW-2 has not supported the prosecution case during trial. Learned A.G.A. has opposed the prayer for bail of the applicant and submitted that the PW-1 who is the eye-witness, has duly supported the prosecution case during trial. Perused the record. Versus Counsel for Applicant(s) : Rashmi Pandey Counsel for Opposite Party(s) : G.A. Mohd. Usman .....Applicant(s) State Of U.P. Thru. Addl. Chief Secy. Home Lko. .....Opposite Party(s)
A perusal of the post-mortem report shows that 8 incised wounds have been caused on the body of the deceased, which are being extracted herein below:-
"1. INCISED WOUND 10 CM X 1CM X BONE DEEP PRESENT ON BACK OF NECK EXTENDING TILL RIGHT EAR AND FACE.
INCISED WOUND 11 CM X 1CM X BONE DEEP PRESENT ON BACK OF NECK EXTENDING TILL RIGHT EAR AND
FACE, JUST BELOW INJURY NO. 1.
3. INCISED WOUND 7CM X 1CM X BONE DEEP EXTENDING FROM MID OF LEFT EAR TILL LEFT SIDE OF FACE.
INCISED WOUND 8 CM X 0.5 CM OVER NASAL BRIDGE BETWEEN BOTH EYES.
5. INCISED WOUND 7CM X 0.3 CM X BONE DEEP EXTENDING FROM MID OF NOSE TILL RIGHT SIDE OF FACE 3
CM BELOW RIGHT EYE...
6. INCISED WOUND 3CM X 1CM IN MID OF RING FINGER AND LITTLE FINGER OF LEFT HAND.
7. INCISED WOUND 3CM X 0.5 CM X MUSCLE DEEP OVER LEFT SHOULDER.
8. INCISED WOUND 3CM X 0.25CM X MUSCLE DEEP PRESENT ON LEFT LATERAL SIDE OF NECK 7 CM BELOW FROM LEFT EAR." The cause of death is shock and haemorrhage due to ante-mortem injuries. PW-1, the eye-witness has duly supported the prosecution case during trial. The doctor has been examined as PW-5 before the trial court, who has also corroborated and supported the prosecution case. Thus, the complicity of the applicant is evident. In view of the above, no ground for grant of bail is made out.
BAIL No. 1086 of 2025 2
Accordingly, the bail application is rejected. September 3, 2025 Shravan BAIL No. 1086 of 2025 3 (Karunesh Singh Pawar,J.) Digitally signed by :- SHRAVAN KUMAR High Court of Judicature at Allahabad, Lucknow Bench