Neutral Citation No. - 2025:AHC:101619 Court No. - 67 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 8694 of 2025 Applicant :- Moh Asharf Opposite Party :- State of U.P. Counsel for Applicant :- Deepak Kumar Tripathi Counsel for Opposite Party :- Anand Priya Singh,G.A. Hon'ble Sanjay Kumar Singh,J. Heard learned counsel for the applicant, learned Additional Government Advocate representing the State and learned counsel appearing on behalf of the first informant / complainant. By means of this application under Section 483 BNSS, applicant Moh. Asharf, who is involved in Case Crime No. 67 of 2025, under Sections 85, 109(1), 351(2) BNS and Section 4/25 Arms Act, police station Ghosi, district Mau seeks enlargement on bail during the pendency of trial. As per prosecution case, in brief, complainant got a first information report lodged against the applicant Moh. Asharf and co-accused Habibullah on 05.02.2025 for the offence under Sections 85 and 109 BNS alleging inter alia that her sister Tarunni got married to Moh. Asharf about 15 years ago. Her husband always beats her. On 05.02.2025 at 10:30 A.M., Moh. Asharf in order to kill her sister called her to Dharauli where he and Habibullah stabbed her in the stomach and fled away. It is contended by learned counsel for the applicant that on account of matrimonial dispute between the applicant and his wife Tarannum Nisha, the applicant has been falsely implicated in this case and there is no evidence against the applicant to commit the alleged incident. In fact Tarannum was coming down from stairs in the house but unfortunately she fell down and sustained some injury, thereafter F.I.R. was lodged on concocted story. The applicant does not have any criminal history to his credit. Lastly, it is submitted by learned counsel for the applicant that the applicant is languishing in jail since 06.02.2025 and in case, the applicant is released on bail, he will not misuse the liberty of bail and cooperate with the trial. Per contra, learned A.G.A. for the State as well as learned counsel for the informant opposed the prayer for bail of the applicant by contending that as per the injury report of the injured, she has sustained grievous injury. The injured in her statement has made specific allegation of causing knife injury against the applicant. Hence, bail application of the applicant is liable to be rejected. Having heard learned counsel for the parties and examined the matter in its entirety, I find that as per prosecution case, complainant, who is sister of injured, was an eye-witness of the incident. Complainant as well as injured both in their statement supported the prosecution case. As per injury report, injured received incised wound 1cm x 0.5 cm muscle deep at left upper part of abdomen, which is 12 cm below from the left breast. According to statement of doctor, who had examined the injured, the injury was caused by the knife. The knife which was used in commission of crime was also recovered at the pointing out of the applicant. As on date, the statement of the injured cannot be disbelieved. The manner, in which crime has been committed by the applicant, who is husband of injured, is matter of serious concerned. Considering the overall facts and circumstances of the case as well as keeping in view the submissions advanced on behalf of parties, gravity of offence, role assigned to applicant, nature of injury and severity of punishment, I do not find any good ground to release the applicant on bail. Accordingly, the bail application is rejected. It is made clear that the observation contained in the instant order is confined to the issue of bail and shall not affect the merit of the trial. Order Date :- 1.7.2025 Shubham Digitally signed by :- SHUBHAM KUMAR AGRAHARI High Court of Judicature at Allahabad