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2025 DAILYLAW 87961 (ALL)

MUSHEER v. STATE OF U.P.

BAIL/28679/2025 · 2025-09-10

Krishan Pahal

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 28679 of 2025 Court No. - 67 HON'BLE KRISHAN PAHAL, J. 1. List has been revised. 2. Heard Sri Mohammad Danish, learned counsel for the applicant, Sri Anil Kumar, learned A.G.A. for the State and perused the material placed on record. 3. Applicant seeks bail in Case Crime No. 237 of 2025, under Sections 126(2), 115(2), 352, 351(3), 118(2) B.N.S., Police Station-Sahawar, District- Kaasganj, during the pendency of trial. 4. As per prosecution story, the applicant is stated to have stabbed the informant with a sickle thereby caused stab wounds on his ear on 10.04.2025 at about 09:00 PM. 5. Learned counsel for the applicant has stated that the applicant has been falsely implicated in the present case. The applicant has nothing to do with the said offence. The injury is not grievous in nature. Criminal history of one case stands explained. The applicant is languishing in jail since 11.04.2025 and he is ready to cooperate with trial. In case, the applicant is released on bail, he will not misuse the liberty of bail. 6. Learned A.G.A. has vehemently opposed the bail application on the ground that injury was found on the ear, nose and neck of the injured person. It is further argued that injuries are grievous and on vital part of the body as lacerated injury was sustained of size 5x3 cm on right pinna with tissue loss, as such, applicant is not entitled for bail. Versus Counsel for Applicant(s) : Mohammad Danish, Mohammad Iliyas Counsel for Opposite Party(s) : G.A. Musheer .....Applicant(s) State of U.P. .....Opposite Party(s) 7. Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, the evidence on record, taking into consideration the period of incarceration of the applicant and the injury sustained by the injured person, and without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed. 8. Let the applicant- Musheer, who is involved in aforementioned case crime be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions. Further, before issuing the release order, the sureties be verified. (i) The applicant shall not tamper with evidence during trial. (ii) The applicant shall not pressurise/intimidate with the prosecution witnesses. (iii) The applicant shall appear before the trial court on the date fixed. 9. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. 10. It is made clear that observations made in granting bail to the applicant shall not in any way affect the learned trial Judge in forming his independent opinion based on the testimony of the witnesses. September 11, 2025 Karan BAIL No. 28679 of 2025 2 (Krishan Pahal,J.) Digitally signed by :- KARAN KUMAR RAO High Court of Judicature at Allahabad