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Neutral Citation No. - 2025:AHC:96451 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 15816 of 2025 Applicant :- Bholu Ansari Alias Jabir Opposite Party :- State of U.P. Counsel for Applicant :- Ambreen Masroor,Dushyant Singh,M.C. Singh,Sadrul Islam Jafri Counsel for Opposite Party :- G.A.,Mayank Yadav,Vivek Kumar Singh Hon'ble Ashutosh Srivastava,J. Heard learned counsel for the applicant, learned AGA for the State-respondents, learned counsel for the first informant and perused the record. This bail application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 has been moved on behalf of accused- applicant, Bholu Ansari Alias Jabir, seeking enlargement on bail in Case Crime No. 1194 of 2024, under Sections 109, 351 (2) of the Bharatiya Nyaya Sanhita, 2023 and Section 3/25/27 of Arms Act, Police Station Khurja Nagar, District Bulandshahr.
Learned counsel for the applicant argued that the accused- applicant is innocent. He has been falsely implicated in this very case crime number and is languishing in jail since 22.12.2024.
Learned counsel for the applicant submits that as per prosecution case, the incident took place at night time. Learned counsel for the applicant submits that at the place of occurrence, there was no source of light and in absence of any light, it is very difficult to identify the applicant. The injured fire arm injury on the back side of his body. The injured was admitted in the J.N. Medical College Hospital, A.M.U, Aligarh on 18.12.2024 and discharged on 19.12.2024 in a stable condition. Charge-sheet in this case has already been submitted before the Court below on 21.3.2025. Whatever the recovery is possible, the same has already been effected. Further custodial interrogation of the applicant is not required. He has no criminal antecedent and there is no likelihood of his fleeing from course of justice or tampering with evidence in case of release on bail. Hence, bail has been prayed for. Learned AGA as well as learned counsel for the first informant
have vehemently opposed the prayer for bail by submitting that medical report corroborate with the FIR version. There is fire arm injury on the person of injured at the hands of the applicant. X-ray report also reveals that injured has received bullet injury. Hence, the applicant is not entitled to release on bail. Having regard to the submissions made by learned counsel for the parties, allegation levelled against the applicant and taking note of fact that injured has received bullet injuries at the hands of the applicant and several other evidences collected by the investigating officer during the course of investigation, the Court is not inclined to grant any indulgence to the applicant in the present bail application. Accordingly, the bail application is rejected.
Order Date :- 29.5.2025 Ravi Prakash (Ashutosh Srivastava, J.) Digitally signed by :- RAVI PRAKASH High Court of Judicature at Allahabad