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2025 DAILYLAW 9657 (ALL)

WASEEM v. STATE OF U.P.

BAIL/3539/2025 · 2025-07-10

Avnish Saxena

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:111659 Court No. - 87 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 3539 of 2025 Applicant :- Waseem Opposite Party :- State of U.P. Counsel for Applicant :- Ajay Dubey Counsel for Opposite Party :- G.A.,Haridwar Singh Hon'ble Avnish Saxena,J. 1. Heard Sri Ajay Dubey, learned counsel for the applicant; Sri Surendra Kumar Yadav, learned Advocate holding brief of Sri Haridwar Singh, Advocate for the informant and learned A.G.A. for the State. 2. The present bail application has been moved by the applicant-accused Waseem for the offence punishable under Sections 191(2), 191(3), 190, 109, 109(1) of B.N.S. and Section 3/25/27 of Arms Act in Case Crime No. 396 of 2024, Police Station- Khandouli, District- Agra. 3. Sri Dubey, submits that the applicant has been falsely implicated because of political rivalry. No incriminating material has been recovered from the possession of the applicant or on his pointing out. The applicant has criminal history of one case to his credit, in which he is on bail. The charge sheet has been submitted against the applicant. The co- accused Mohd. Kaif has already been granted bail by the coordinate Bench of this Court. The applicant is languishing in jail since 18.12.2024. 4. Per contra, learned AGA has opposed the prayer for grant of bail but concedes that the accused is on bail in the case shown in criminal history. The charge sheet has been submitted. 5. This Court has taken into consideration the rival submissions made by the parties and perused the record. 6. Prima facie the record reveals that there are eight accused, who are having role of beating the brother of the informant with cane stick and iron rod, whereas the present accused-applicant is having a role of inflicting fire arm injury on the leg of the injured. All other accused except the applicant have been enlarged on bail. The charge sheet has been submitted against the accused-applicant. The accused-applicant is in jail since December, 2024. 7. Without touching the merit of the case, this bail application is allowed. 8. Let the accused applicant be enlarged on bail subject to furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned. Order Date :- 11.7.2025 Mini (Avnish Saxena,J.) Digitally signed by :- MINI KANAUJIYA High Court of Judicature at Allahabad