HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 23363 of 2024 Court No. - 87 HON'BLE SANTOSH RAI, J. 1. Heard learned counsel for the applicant; learned AGA for the State and perused the material placed on record. 2. The instant bail application has been filed on behalf of the applicant Nanhe with a prayer to release him on bail in Case Crime No.84 of 2024, under Section 307 IPC and 4/25 Arms Act, Police Station Bhagatpur, District Moradabad, during pendency of trial. 3. Learned counsel for the applicant has submitted that the applicant has not committed any offence as alleged in the F.I.R. He has been falsely implicated in this case due to ulterior motive. He further submitted that brother of the accused Nanhe caused injury when he saw the accused applicant and the victim in compromising position at night on 22.03.2024. He further submitted that injury sustained by the victim, has not been caused by the applicant. He has no criminal history to his credit and is languishing in jail since 24.03.2024. In case, the applicant is released on bail, he will not misuse the liberty of bail. 4. Per contra learned A.G.A. has opposed the prayer for bail of the applicant by contending that accused applicant has committed very heinous crime. In the first information report involvement of the applicant is clear. The victim in the statement recorded under Section 161 Cr.P.C. stated that the applicant caused injury on the neck by sharp edged weapon. In the statement recorded under Section 164 Cr.P.C. the victim also stated the same and specifically assigned the role/involvement of the applicant regarding sharp edged Versus Counsel for Applicant(s) : Gyanendra Kumar Saini, Narendra Kumar, Rabindra Bahadur Singh, Sheikh Moazzam Inam, Ved Prakash Mishra Counsel for Opposite Party(s) : G.A., Manoj Kumar Nanhe .....Applicant(s) State of U.P. .....Opposite Party(s) weapon injury. The statement of the victim has duly corroborated the medical evidence. As per medical report the victim sustained following injuries:- 1. Incised wound 6 x 1 cm. over front of neck x 6 cm. for from (Rt.clavical bone, margin 8 cm. x 12m. muscle deep.-K.U.O. 2. In-wound 1.5 x 0.5 cm. extral us/-of (Rt) find middle finger x 1cm. from root of middle finger margin-shape muscle deep-. 3. Incised wound 1.5 x 1cm. vertical as - of (Rt)- ring finger x 2 cm. above from tipu Fring finger margin 8 cm. x muscle deep K.U.O. 4. In-1 x 0.5 cm. verti-as/over (rt)-little finger on x 1 cm. from root of little finger muscle-K.U.O. 5. Learned A.G.A. further submitted that trial has not been started. Thus statement of the victim has not been recorded before the trial court. It is further submitted that the innocence of the applicant cannot be adjudged at pre trial stage, therefore, he does not deserve any indulgence. In case the applicant is released on bail he will again indulge in similar activities and will misuse the liberty of bail. 6. Without expressing any opinion on merits of the case and considering the submissions advanced by both the parties, the nature of the injury, role/involement and gravity of the accusation, I find no good ground to grant bail to the applicant in the aforesaid case. 7. The bail application of the applicant is, accordingly, rejected. 8. The trial Court is directed to proceed the trial in view of Section 309 Cr.P.C. and to conclude the trial expeditiously, from the date of production of certified copy of this order without granting unnecessary adjournment, if there is no legal impediment. October 6, 2025 Asha BAIL No. 23363 of 2024 2 (Santosh Rai,J.) Digitally signed by :- ASHA High Court of Judicature at Allahabad Digitally signed by :- ASHA High Court of Judicature at Allahabad