Neutral Citation No. - 2025:AHC:85491 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 13465 of 2025 Applicant :- Shaad Opposite Party :- State of U.P. Counsel for Applicant :- Awashesh Kumar,Whaquar Ahmad Counsel for Opposite Party :- G.A.,Rajesh Kumar Sharma Hon'ble Sameer Jain,J. 1. Heard Shri Waquar Ahmad, learned counsel for the applicant, Shri Santosh Nigam, learned A.G.A. for the State-respondent and Shri Rajesh Kumar Sharma, learned counsel for the informant. 2. The instant bail application has been filed seeking release of the applicant on bail in Case Crime No.639 of 2024, under Sections 103(1), 109(1), 351(2), 190, 193(3) B.N.S., 2023, Police Station Khoda, District Ghaziabad, during pendency of the trial in the court below. 3. Learned counsel for the applicant submits that applicant was not named in the FIR but surprisingly when immediately after lodgement of the FIR, statement of the informant was recorded then he disclosed the name of the applicant and this fact suggests that on the basis of false allegation during investigation, applicant has been made accused in the present matter. 4. He further submits that however, it is a case in which one person died and one person sustained injuries and when statement of the injured was recorded then he also disclosed the name of the applicant and stated that applicant and others inflicted knife injuries to the deceased but as name of the applicant had already been disclosed by the informant of the case, therefore, injured also started making allegation against the applicant and no reliance can be placed on his statement as far as case of applicant is concerned. 5. He further submits, when I.O. recorded the second statement of the injured then he although again disclosed the name of the applicant but this time, he attributed the role of catching hold to him, therefore, even there are material contradictions in both the statements of the injured as far as role of applicant is concerned. 6. He further submits that applicant is close relative of named accused and therefore, it appears, due to this reason during investigation, he has been made accused in the present matter. 7. He further submits that applicant is having no criminal history and he is in jail in the present matter since 11.12.2024 i.e. for last more than five months. 8. Per contra, learned AGA as well as learned counsel for the informant opposed the prayer for bail and submit that however, applicant was not named in the FIR but injured in his both the statements recorded during investigation disclosed his name and from his both the statements, complicity of the applicant has been revealed, therefore, considering the statements of the injured, applicant should not be released on bail. 9. I have heard learned counsel for both the parties and perused the record of the case. 10. Applicant was not named in the FIR and it reflects, during investigation, when informant disclosed his name then he has been made accused in the present matter but injured of the case also disclosed his name and however, there are some contradictions in both the statements of the injured as far as role attributed to the applicant is concerned but this Court finds merit in the arguments advanced by learned A.G.A. as well as learned counsel for the informant that from both the statements of injured, complicity of the applicant is revealed. 11. Further, there is no reason to disbelieve the statements of the injured at this stage. 12. Further, post-mortem report suggests that deceased sustained as many as seventeen injuries and number of injuries were incised wounds, therefore, it is a case of brutal day light murder. 13. Therefore, considering the facts and circumstances of the case discussed above, in my view, applicant is not entitled to be released on bail. 14. Accordingly, without expressing any opinion on the merits of the case, the instant bail application filed on behalf of the applicant - Shaad is dismissed. 15. 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 :- 20.5.2025 Zafar Digitally signed by :- MOHAMMAD ZAFAR ANSARI High Court of Judicature at Allahabad