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2025 DAILYLAW 93537 (ALL)

WASEEM v. State of UP

BAIL/33697/2024 · 2025-09-16

Santosh Rai

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 33697 of 2024 Court No. - 87 HON'BLE SANTOSH RAI, J. 1. Heard learned counsel for the applicant, learned AGA for the State, learned counsel for first informant and perused the material placed on record. 2. The instant bail application has been filed on behalf of the applicant, Waseem with a prayer to release him on bail in Case Crime No.335 of 2024, under Sections 307, 506, I.P.C. and Section 3/25, 5Ka (1), 27(1) Arms Act, Police Station- Sindhauli, District- Shahjahanpur, during pendency of trial. 3. Learned counsel for the accused-applicant submits that the applicant is in judicial custody since more than one year but he submits that trial is going on and he has not created any intervention in the trial, and two prosecution witnesses have been examined before the trial court. The applicant has no criminal history to his credit. 4. Learned A.G.A. and learned counsel for first informant vehemently opposed the bail application and submitted that the applicant is named in the first information report and caused very serious firearm injuries on the vital part of the body of injured- Imran Khan. It is further submitted that one eye sight has been fully lost by the injured. 5. According to medical report, the following injuries were suffered by the injured- Imran Khan:- "1. Fire arm entry wound present on Rt. side near Tragus with multiple small laceration present on Rt. Ear and Face. Area of 8 X 8 Cm. margins- Irregular inverted. Fresh Bleeding, coming out from. Advise- X-ray. 2. Fire arm exist wound present on Rt. upper eye lit margins- irregular Everted alongwith ruptured..... Advise- X-ray." Versus Counsel for Applicant(s) : Suresh Dhar Dwivedi Counsel for Opposite Party(s) : G.A., Raja Ullah Khan Waseem .....Applicant(s) State of U.P. .....Opposite Party(s) 6. From the perusal of the supplementary report of Shri Ram Murti Smarak Institute of Medical Sciences, Bareilly, it appears that very dangerous injuries caused to the injured by the accused-applicant. During the course of examination before the court, injured stated in his statement regarding the role and involvement of the applicant that the applicant has caused the fire arm injury on the head by 315 bore country made tamancha (pistol). Injured has supported the prosecution version. The statement of injured is also corroborated with the statement, which has been recorded by the investigating officer during the course of investigation and the version of FIR. 7. Thus, taking into account the submission made by learned counsel for the parties and the evidence on record and the complicity of the applicant in offence in question, nature of injury suffered by the injured and the statement of injured, this Court do not find any ground to release the applicant on bail. 8. The bail application stands rejected. (Santosh Rai,J.) September 17, 2025 Radhika BAIL No. 33697 of 2024 2 Digitally signed by :- RADHIKA VISHWAKARMA High Court of Judicature at Allahabad