MOHD. FARAZ v. STATE OF U.P. THRU. ADDL. CHIEF SECY. SECY. DEPTT. OF HOME LKO.
BAIL/12762/2024 · 2025-04-01
Subhash Vidyarthi
body2025
DailyLaw.ai
[ 2025 DAILYLAW 169549 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 169549 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:18076 Court No. - 15 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 12762 of 2024 Applicant :- Mohd. Faraz Opposite Party :- State Of U.P. Thru. Addl. Chief Secy. Secy. Deptt. Of Home Lko. Counsel for Applicant :- Rahul Srivastava,Subham Srivastava Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J.
1. Heard Shri Rahul Srivastava, learned counsel for the applicant, Shri Satendra Srivastava, learned A.G.A. for the State and perused the records.
2. This is the second bail application seeking release of the applicant on bail in Case Crime No.72 of 2024 under Sections 366, 120-B I.P.C. registered at Police Station- Hansvar, District- Ambedkar Nagar.
3. The first bail application bearing Crl. Misc. Bail Application No.6859 of 2024 was rejected by means of an order dated 30.07.2024 wherein a co-ordinate Bench of this Court recorded detailed reasons for rejection of the bail application.
4. The second bail application has been moved on the ground that after rejection of the first bail application, statements of the informant and the victim have been recorded by the trial Court. The informant had stated that the applicant was not found at the place of incident. He has levelled allegations primarily against co-accused Mohd. Amir.
5. Learned counsel for the applicant has drawn attention of the Court towards the portion of the statement given by the victim during her cross-examination wherein she has stated that she had told the Magistrate that the third person had gone away.
6. When the entire statement of the victim is read, it appears
that there is sufficient material for implication of the applicant in the present case. Minor discrepancies are natural to occur in the statement of any witness and thread-bare analysis of the statement of witness is not expected to be done while deciding the bail application, particularly, when it is the second bail application after the first bail application was rejected by a detailed order considering the merits of the case.
7. Keeping in view the aforesaid discussion, this Court does not find any good ground for allowing the second bail application of the applicant.
8. The second bail application of the applicant is accordingly, rejected. . [Subhash Vidyarthi, J.] Order Date :- 1.4.2025 -Amit K- Digitally signed by :- AMIT KUMAR High Court of Judicature at Allahabad, Lucknow Bench