Neutral Citation No. - 2025:AHC:13312 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 33593 of 2024 Applicant :- Sadab Alias Saddam Opposite Party :- State of U.P. Counsel for Applicant :- Ankit Agarval Counsel for Opposite Party :- G.A.,Rajeev Kumar Tiwari Hon'ble Ashutosh Srivastava,J. 1. Counter affidavit filed on behalf of the first informant is taken on record. 2. This bail application has been moved on behalf of accused- applicant seeking enlargement on bail in Case Crime No. 106 of 2024, under Sections-147, 148, 323, 324, 504, 506, 452, 307 IPC and Sections-4/25 of Arms Act, Police Station-Arniya, District- Bulandshahr. 3. Heard Sri Ankit Agarwal, learned counsel for the applicant, Sri S. K. Ojha, learned AGA-I for the State-respondents and perused the record. 4. The prosecution case, as spelt out in the first information report is that the son of first informant Keshaw made a complaint against Gram Pradhan Taj Mohd., who was trying to grab the land meant for constructing cowshed (gaushala). The F. I. R. further stated that the first informant on 28.4.2024 at about 7.00 PM was having tea in the company of his wife Lalita Devi and son Keshaw, applicant along with fourteen persons, (ten named and four unnamed persons), armed with sharp edged weapons, while abusing, intruded his house and assaulted his son Keshaw with the intention to kill him and on hearing the hue and cries when his neighbour Manoj alias Monty came for his rescue, he was also assaulted. In the F. I. R. first informant further stated that his son Keshaw and Manoj alias Monty sustained grevious injuries and they were referred to higher centre for treatment. 5. Learned counsel for the applicant submits that the applicant has been falsely implicated in this case. The first information report was lodged on 29.4.2024 at 01.15 PM, whereas the incident is alleged to have taken place on 28.4.2024 at about 19.00 hrs. There is no explanation for the delay caused in lodging the first information report. It is further submitted that real truth is that earlier the disputed land was in the possession of first information himself and still he is trying to grab the land and Gram Pradhan Taj Mohd. made several complaints against him. He has also submitted that on 28.4.2024 around 7.00 PM, when Taj Mohd. was coming to his house along with his daughter, the first informant and his family members beat up him and made sexual assault on his daughter Kajal. In the first information report general role of causing injuries to the injured persons with sharp edged weapons, has been assigned to all the accused. He also submits that the first informant in his statement recorded under Section 161 CrPC for the first time, identified the applicant as prime offender and attributed the role of inflicting injuries upon the son of first informant, namely, Keshaw and his neighbour Manjo alias Monty with knife to the applicant, whereas in the first information report there is no such recital, which creates doubt about the occurrence of the incident. The statement of the other independent witnesses, who are mother and neighbours of the applicant, were recorded by the investigating officer, who also came forward with the improved version. The recovery of knife shown from the applicant is planted. The compliance of Section 100 (4) CrPC was not made at the time of recovery of knife allegedly used as crime weapon. Thus, it can be very safely inferred that there is no independent witness of the recovery. Lastly, it is submitted that the applicant, who has no criminal antecedent to his credit, is in jail since 29.4.2024 and in case, he is granted bail, he will not misuse liberty of bail. 6. Per contra, Sri S. K. Ojha, learned AGA has opposed the prayer for bail. He invited the attention of the Court to the injury report of the injured persons, according to which, on the person of Keshaw a sharp edged wound is found present over left lateral chest wall, mid axillary line, size 3 cm X 1 cm, stab wound injury with active blood present. The other injured Manoj alias Monty is found to have inflicted a sharp edged wound present over left thigh anterior, size 2.5 cm X 0.5 cm with active blood, stab wound injury, copies whereof has been brought on record as Annexure 1 to the affidavit accompanying the bail application, which unequivocally shows that the applicant inflicted injuries on the injured persons with a knife. The injured persons in their statements recorded under Section 161 CrPC, which are brought on record as Annexure 2 to the affidavit the bail application, specifically named the applicant as the person who caused injuries to them with a knife. The statement of the eyewitness Smt. Lalita Devi, who is mother of the injured Keshaw. is also in conformity with the statements of the injured persons. The statement of doctor also shows that both the injured were inflicted injuries by any sharp edged weapon. He lastly submitted that the applicant is not entitled for being enlarged on bail. 7. Considering all above facts and circumstances, the nature of accusations, reasonable apprehension of tampering with the witness and prima facie case, particularly the fact that the injured persons specifically named the applicant as the person, who caused injuries to them with a knife as well as the injury report corroborates the injuries sustained by the injured persons, I am not inclined to enlarge the applicant on bail at this stage. 8. Accordingly, bail application moved on behalf of applicant Sadab alias Saddam is rejected. Order Date :- 24.1.2025 HR Digitally signed by :- HEMANT RANJAN High Court of Judicature at Allahabad