Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 64186 (ALL)

HOSHIYAR v. STATE OF U.P.

BAIL/18472/2025 · 2025-08-04

Gautam Chowdhary

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Neutral Citation No. - 2025:AHC:134305 Court No. - 70 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 18472 of 2025 Applicant :- Hoshiyar Opposite Party :- State of U.P. Counsel for Applicant :- Shashwat Shukla,Rohit Shukla Counsel for Opposite Party :- G.A. Hon'ble Dr. Gautam Chowdhary,J. 1. Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record. 2. By means of the instant bail application, the applicant, Hoshiyar, seeks bail in Case Crime No. 416 of 2024, under Sections 191(2), 191(3), 190, 109, 115(2), 352, 351(2), 333 of B.N.S., Police Station Baldeo, District Mathura. 3. Learned counsel for the applicant submits that applicant is innocent person and has not committed any offence as alleged in the F.I.R. He has been falsely implicated in the present case due to ulterior motive. It is submitted that as per prosecution story, five persons entered into the house of the informant and assaulted them with lathi-danda and also caused injury with country made pistol. Learned counsel further submits that false allegation has been made that the applicant fired gunshot on account of which the injured sustained bullet injury in his chest. One co-accused Thaan Singh has already been enlarged on bail by the court below. The applicant is in jail since 10.12.2024. 4. Learned A.G.A. for the State has opposed the prayer for bail prayer by contending that there is specific allegation of firing against the applicant, therefore, the applicant does not deserve any indulgence. 5. 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 and considering the fact that there is specific allegation of firing against the applicant, therefore, the present bail deserves to be rejected. 6. Accordingly, the bail application of applicant-Hoshiyar, is rejected. Order Date :- 5.8.2025 Manoj Digitally signed by :- MANOJ KUMAR YADAV High Court of Judicature at Allahabad