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2025 DAILYLAW 78101 (ALL)

MAHESH AND ANOTHER v. STATE OF U.P.

BAIL/25487/2025 · 2025-09-03

Gautam Chowdhary

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 25487 of 2025 Court No. - 70 HON'BLE DR. GAUTAM CHOWDHARY, J. 1. Heard learned counsel for the applicants, Shri Chandan Singh, learned A.G.A. for the State and perused the record. 2. By means of the instant bail application, the applicants, Mahesh and Annu, seek bail in Case Crime No. 90 of 2025, under Sections 109(1), 190 of B.N.S., Police Station Nangal, District Bijnor. 3. The F.I.R. was lodged against six accused including these two applicants. The allegation is that on 13.06.2025 at about 10:00 p.m. one accused-Nanveet came and took the informant's son to Barkatpur where all the accused assaulted him by bricks-stones and lathi-danda on account of which he sustained serious injuries on his head, face and two teeth were also broken. 4. Learned counsel for the applicants submits that applicants are innocent and have falsely been implicated in the present case. Learned counsel further submits that general allegation of assaulting has been made against all the accused including the applicants and no specific role has been assigned to the applicants and even no motive has been assigned to them for committing such an offence. Learned counsel further submits that there is a cross case which was registered from the applicants' side regarding molestation and trying to outrage the modesty of informant's minor daughter and the present F.I.R. has been lodged with false and frivolous allegation to exert pressure upon the applicants' side. Learned counsel further submits that after committing the offence at the applicants' Versus Counsel for Applicant(s) : Mahtab Alam, Rohit Yadav Counsel for Opposite Party(s) : G.A. Mahesh And Another .....Applicant(s) State of U.P. .....Opposite Party(s) house the injured of the present case was running away by his motorcycle and he met with an accident and sustained such injuries and as such the present F.I.R. has been lodged with false and frivolous allegations. The applicants are in jail since 15.06.2025. 5. Per contra, learned A.G.A. has opposed the prayer for bail by contending that the instant F.I.R. is lodged on 15.06.2025 at about 23:24 hours with regard to the incident occurred at 22:00 hours on 13.06.2025, whereas the F.I.R. which was lodged by the applicants' side is of date and time 15.06.2025 and 22:32 hours with regard to the incident occurred at 02:00 hours on 14.06.2025. Thus, it appears that the incident of assaulting the informant's son relating to the instant F.I.R. was occurred prior to the incident as alleged in the F.I.R. lodged by the applicants' side. Moreover, taking alibi of cross case by the applicants does not entitle them to be enlarged on bail. He further submits that looking to the injuries of the injured, it appears that he had been assaulted brutally and badly, as such there is active participation of applicants along with other accused in the commission of aforesaid offence, therefore, their bail application deserves to be rejected. 6. 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 including the fact that the injured sustained as many as six fractures on his entire body including vital parts which shows he has been assaulted brutally, badly and mercilessly, therefore, no case for bail is made out. 7. Accordingly, the bail application of applicant-Mahesh and Annu, is rejected. September 4, 2025 Mustaqeem. BAIL No. 25487 of 2025 2 (Dr. Gautam Chowdhary,J.) Digitally signed by :- MOHD MUSTAQEEM KHAN High Court of Judicature at Allahabad