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2025 DAILYLAW 56206 (ALL)

FARHAT v. STATE OF U.P.

BAIL/15984/2025 · 2025-05-12

Gautam Chowdhary

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:78513 Court No. - 86 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 15984 of 2025 Applicant :- Farhat Opposite Party :- State of U.P. Counsel for Applicant :- Mohammad Farooque Ansari Counsel for Opposite Party :- G.A. With Case :- CRIMINAL MISC. BAIL APPLICATION No. - 16034 of 2025 Applicant :- Arbaj And Another Opposite Party :- State of U.P. Counsel for Applicant :- Shyam Babu Vaish Counsel for Opposite Party :- G.A. Hon'ble Dr. Gautam Chowdhary,J. 2. Heard Mohd. Farooq learned counsel for the applicant-Farhat in Criminal Misc. Bail Application No. 15984 of 2025 and Sri Shyam Babu Vaish, learned counsel for the applicant Arbaj and Aman in Criminal Misc. Bail Application No. 16034 of 2025 and learned AGA for the State. 3. The instant bail applications have been filed on behalf of applicants Farhat, Arbaj and Aman for enlarging them on bail in Case Crime No.93 of 2025 under Sections 109 (1), 352 of B.N.S., Police Station Chharra, District Aligarh, during the pendency of the trial. 3. The prosecution story in brief is that on 31.03.2025, the informant's cousin namely, Vikas as soon as he reached near the crossing of his village at about 06:15 P.M. near public tap 3-4 persons were sitting, who had quarter of country made liquor, upon pointing out by him, all the named accused and one unknown persons assaulted upon him with knife and dagger, due to which, he became seriously injured. 4. Learned counsel for the applicants submits that the applicants have been falsely implicated in the present case due to ulterior motive. It is further contended that general role has been assigned to all the accused persons and no recovery whatsoever has been made either from the possession or on the pointing of the applicants. Learned counsel further submits that the applicants have no concerned with the alleged incident and that the applicants have no motive to commit the offence. Several other submissions in order to demonstrate the falsity of the allegations made against the applicants have also been placed before the Court. The circumstances which, according to the counsel, led to the false implication of the accused have also been mentioned. It has also been assured on behalf of the applicants that they are ready to cooperate with the process of law and shall faithfully make themselves available before the court whenever required and are also ready to accept all the conditions which the Court may deem fit to impose upon them. He next submits that applicant Farhat is languishing in jail since 02.04.2025 whereas the applicants Arbaj and Aman are languishing in jail since 01.04.2025. is thus contended that the applicants are entitled for bail. 5. On the other hand, learned A.G.A. for the State has contended that there is specific allegation against the applicants. He further submits that statement of the informant as well as witnesses recorded under Section 180 of B.N.S., fully corroborates the prosecution story. He next submits that the innocence of the applicants cannot be adjudged at pre trial stage, therefore,they do not deserve any indulgence. 6. Perusal of the record shows that the statement in his statement has specifically assigned the role of assault by knife and dagger to the applicants. He has also stated that there were only three accused persons i.e. the applicants and no other unnamed person. Recovery has also been made from the applicants. The injury report also shows that the injured has sustained seven injuries and in the opinion of doctor, injury no.1 is caused by hard and blunt object whereas remaining injuries have been caused by sharp edged weapon. Therefore, it is evident that the applicants, who are three in numbers have caused seven injuries to the injured. The applicants have been assigned specific role of stabbing which version is fully supported by the informant as well as other independent eye-witnesses in their statements recorded under Section 180 B.N.S.S. 7. 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, without expressing any opinion on the merits of the case, I do not find any good reason to exercise my discretion in favour of the accused-applicant. 8. Accordingly, the bail application stands rejected. Order Date :- 13.5.2025 S.Ali Digitally signed by :- SHAUKAT ALI High Court of Judicature at Allahabad