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2025 DAILYLAW 40495 (ALL)

SAMIR @ SAMEER @ GALIB v. STATE OF U.P.

BAIL/12023/2025 · 2025-05-04

Sameer Jain

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:71687 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 12023 of 2025 Applicant :- Samir @ Sameer @ Galib Opposite Party :- State of U.P. Counsel for Applicant :- Santosh Kumar Mishra Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. Supplementary affidavit filed on behalf of the applicant is taken on record. 2. Heard Sri Santosh Kumar Mishra, learned counsel for the applicant and Sri Imran Khan, learned A.G.A. for the State- respondent. 3. The instant bail application has been filed seeking release of the applicant on bail in Case Crime No.325 of 2024, under Sections 191(2), 191(3), 103(1), 3(5) B.N.S., 2023, Police Station Mawana, District Meerut, during pendency of the trial. 4. Learned counsel for the applicant submits that however, applicant is named in the FIR alongwith others and as per allegation, he and others by inflicting knife injuries committed the murder of the son of the informant but entire allegation leveled against the applicant is totally false. 5. He further submits that in the FIR and in the statements of the witnesses except the statement of eye-witness Anuj, only general allegations have been leveled against all the accused but from the statement of eye-witness Anuj, it reflects, only role of catching hold has been assigned to the applicant. 6. He further submits that however, apart from the present case, applicant is having criminal history of one another case but his criminal history has been explained in the instant bail application and he is in jail in the present matter since 10.08.2024 i.e. for last more than eight months. 7. Per contra, learned AGA opposed the prayer for bail and submits that applicant is specifically named in the FIR and however, eye- witness Anuj attributed the role of catching hold to the applicant but considering this fact that it is a case in which deceased died due to infliction of knife injuries, it cannot be said that applicant is innocent and all the witnesses categorically attributed active role to the applicant and therefore, considering the facts and circumstance of the case, he should not be released on bail. 8. I have heard both the parties and perused the record of the case. 9. As per FIR and statements of the witnesses except the statement of eye-witness Anuj applicant and others by causing knife injuries committed the murder of the deceased and post-mortem report also suggests, he sustained as many as five incised wounds. 10. Further, however, eye-witness Anuj attributed the role of catching hold to the applicant but considering the fact that it is a case in which deceased died due to infliction of knife injuries, in my view, it cannot be said that applicant was not involved in the present crime. 11. Further, applicant could not bring any good reason of his false implication and at this stage, statements of eye-witnesses, cannot be brushed aside. 12. Therefore, considering the facts and circumstances of the case, discussed above, in my view, applicant is not entitled to be released on bail. 13. Accordingly, without expressing any opinion on the merits of the case, the instant bail application filed by applicant- Samir @ Sameer @ Galib is rejected. 14. 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 :- 5.5.2025 Zafar Digitally signed by :- MOHAMMAD ZAFAR ANSARI High Court of Judicature at Allahabad