Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 25988 of 2025 Court No. - 69 HON'BLE ARUN KUMAR SINGH DESHWAL, J.
1. Heard Sri Phool Chandra, learned counsel for the applicant, Sri Santosh Kumar, Advocate holding brief of Mohd Yasir, learned counsel for the informant and Sri Roshan Kumar Singh, learned A.G.A. for the State. 2. Instant bail application has been filed with a prayer to release the applicant on bail during the trial in Case Crime No. 43 of 2025, under Sections 115(2), 351(3), 352, 109 B.N.S., Police Station- Deepa, District Bijnor. 3. Contention of learned counsel for the applicant is that the applicant is innocent and he has been falsely implicated in the instant case. He further submitted that co-accused Irshad, Rihan and Subhan have been enlarged on bail by a co-ordinate Bench of this Court in Criminal Misc. Bail Application No.26509 of 2025 and 21324 of 2025 vide order dated 01.08.2025 and 23.06.2025 respectively. He is seeking parity of the order aforesaid. It is further submitted that charge sheet has been filed by the police, therefore, there is no requirement for custodial interrogation. The applicant is languishing in jail since 28.04.2025. In case, he is granted bail, he will not misuse the liberty of bail and would cooperate in the trial proceedings. 4. Per contra, learned counsel for the first informant as well as learned A.G.A. for the State opposed the prayer for bail and submitted that there is specific allegation against the applicant for causing injury by sharp edged weapon against the present applicant and injury report of victim Versus Counsel for Applicant(s) : Phool Chandra, Santosh Kumar Tiwari Counsel for Opposite Party(s) : G.A., Mohd Yasir, Shams Uz Zaman Abrar .....Applicant(s) State of U.P. .....Opposite Party(s)
shows that the injured received injuries of sharp edged weapon on the left side of scale which is dangerous in nature. Therefore, there is no parity with co-accused Irshad, Rihan and Subhan and the applicant is not entitled to be released on bail. 5.
Thus, considering the entire facts and circumstances of the case, submissions of learned counsel for the parties and taking into the fact that there is specific allegation against the applicant for causing head injury with Farsa and injury report itself shows that injury is dangerous in nature and the applicant does not stand on same footing with the co-accused persons Irshad, Rihan and Subhan, therefore, this Court is not inclined to enlarge the applicant on bail. 6. Accordingly, the present bail application is rejected. October 10, 2025 A.Kr. BAIL No. 25988 of 2025 2 (Arun Kumar Singh Deshwal,J.) Digitally signed by :- AJAY KUMAR High Court of Judicature at Allahabad