Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 29810 of 2025 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 Mehjabi with a prayer to release him on bail in Case Crime No.348 of 2025, under Sections 109(1) B.N.S., Police Station Kotwali Shaher, District Bijnor, during pendency of trial. 3. Learned counsel for the applicant submitted that accused applicant is mentally unsound that is why she committed such type of injury. She has no knowledge that what she was doing at the time of incident. He further submitted that medical evidence related to the unsoundness of the applicant was given to S.I. but was not returned, therefore, the evidence has not been filed before this Court. It is next submitted that the applicant is a girl and is in jail since 22.04.2025. 4. Learned A.G.A. vehemently opposed the submission of learned counsel for the applicant and submitted that the injured Misba stated in her statement under Section 180 B.N.S.S. during course of investigation before the Investigating Officer that accused Mehjabi poured hot water and thereafter she assaulted her with knife and scissors. She was crying, thereafter Abrar came and took her to the doctor. 5. Accused applicant is named in the first information report. It has been clearly mentioned in the F.I.R. that she caused injury with knife upon the injured Misba. From the perusal of medical report/injured report, it appears Versus Counsel for Applicant(s) : A Kumar Srivastava, Govind Kumar Singh Counsel for Opposite Party(s) : G.A. Mehjabi .....Applicant(s) State of U.P. .....Opposite Party(s)
that seven injuries are caused to the victim. Injuries of the victim read as under:-
"1. Multiple sealds over head neck for, both shoulders back genteel are (Rt), (Rt) side chest anterior, both arms, elbow, wrist and both hands, (Rt) knee c' thigh...part. total scald area- 40%-50%.
(2) Incised wound left parietal area 05x01 cm skin deep c' mild bleed (+)
(3) Iw (Rt) parietal area 06 cm x 01 cm bone deep c' mild bleed (+)
(4) Iw bone deep (Rt) Temporal area to (Rt) side for head oblique 07 x 01 cm Sized c' Active Sized c' Active bleed
(5) Iw Multiple over pinna (RT) Temporal area (Rt), Infer orbiter supra orbital (Rt), forehead (Rt) All 2-3 cm sized skin deep c' out bleed (101 Iwall)
(6) Iw over root of nose (Rt) side cheek, chin, skin deep 2-3 cm Sized, no active bleed
(7) Iw (Lt) If orbital 04 cm X 01 cm skin deep no bleed."
6. Applicant caused the sharp edged weapon injuries on the vital part of the body of the victim which appears to be dangerous to life. The independent witnesses Mohd. Yaseen, Shahjad Ahmad and Faheem Ahmad stated in their statements recorded under Section 180 B.N.S. during course of investigation before the Investigating Officer that house of Abrar, who is father of the applicant, was closed. Hearing the noise inside the house, Sultan entered into the house through roof of the house and thereafter the accused-applicant Mehjabi was found there and she caused injury to the injured Misba with knife. The victim in her statement before the Investigating Officer stated that accused-applicant poured hot water on her body. Thereafter caused injuries with knife. The medical evidence corroborated the statement of the injured and independent witnesses. As per medical evidence, age of the injured Misba was about 11 years whereas age of the accused-applicant was about 19 years.
Learned counsel for the applicant submitted that accused-applicant was unsound mind but at this stage, no any reliable evidence regarding unsoundness of the accused -applicant has been submitted before the Court so that inference may be drawn regarding the fact that the accused-applicant is unable to understand the nature of the acts that what she was doing at the time of incident. 7. Without expressing any opinion on merits of the case and considering the BAIL No. 29810 of 2025 2
submissions advanced by both the parties, the nature and gravity of the accusation, I find no good ground to grant bail to the applicant in the aforesaid case. 8. The bail application of the applicant is, accordingly, rejected. September 8, 2025 Asha BAIL No. 29810 of 2025 3 (Santosh Rai,J.) Digitally signed by :- ASHA High Court of Judicature at Allahabad