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Neutral Citation No. - 2025:AHC:70215 Court No. - 86 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7762 of 2025 Applicant :- Vikas Opposite Party :- State of U.P. Counsel for Applicant :- Abhishek Kumar Shukla Counsel for Opposite Party :- G.A. Hon'ble Dr. Gautam Chowdhary,J.
1. Supplementary affidavit filed today is taken on record.
2. Heard Shri Abhishek Kumar Shukla, learned counsel for the applicant, Shri Jai Kishan Chaursia, learned A.G.A. for the State and perused the record.
3. By means of the instant bail application, the applicant, Vikas, seeks bail in Case Crime No. 429 of 2023, under Sections 323, 307, 324 I.P.C., Police Station Sector-49 Noida, District Gautam Buddha Nagar.
4. Learned counsel for the applicant submits that the applicant is named in the F.I.R. The allegation made in the F.I.R. is that on account of some quarrel erupted the applicant caused knife injury into the abdomen of the brother of the informant. Learned counsel further submits that applicant has falsely been implicated in the present case. The applicant had not caused any injury to the injured. No motive has been assigned for the said occurrence. All the witnesses are interested persons. The injured sustained only one injury in his abdomen. There is no recovery of knife. The applicant is languishing in jail since 29.10.2023, with no criminal history.
5. Learned A.G.A. for the State has vehemently opposed the bail prayer by contending that applicant is the sole accused and there is solitary injury caused to the injured. The injured in his statement has assigned the specific role of causing injury to him by the applicant. The injured sustained solitary knife injury in his abdomen, which was found grievous as per the statement of doctor. therefore, the applicant does not deserve any indulgence.
6. Keeping in view submissions of learned counsel for the parties,
gravity of offence, nature of allegations and all the attending facts and circumstances of the case and considering the fact specific role of causing solitary injury is assigned to the applicant, therefore, the present bail deserves to be rejected.
7. Accordingly, the bail application of applicant-Vikas, is rejected. Order Date :- 2.5.2025 Mustaqeem. Digitally signed by :- MOHD MUSTAQEEM KHAN High Court of Judicature at Allahabad