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2026 DAILYLAW 1184 (ALL)

JUNAID v. STATE OF UP

BAIL/10885/2026 · 2026-04-22

Harvir Singh

body2026

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 10885 of 2026 Court No. - 70 HON'BLE HARVIR SINGH, J. 1. Heard learned counsel for the accused-applicant, learned A.G.A. for the State and perused the material available on record. 2. This bail application has been moved on behalf of the accused-applicant/ Junaid, for grant of bail, in Case Crime No. 1189 of 2025, under Sections 115(2), 118(1), 351(2) and 109(1) of Bharatiya Nyaya Sanhita, 2023, Police Station Majhola, District Moradabad, during pendency of trial. 3. Learned counsel for accused-applicant, while pressing the bail application, submits that, the accused-applicant has been falsely implicated in the instant case and has not committed any offence, as alleged by the prosecution. It is further submitted by learned counsel for the applicant that, allegation of causing grievous injury to the injured Nafees in his abdomen, with the help of some sharp edged weapon has been levelled against the applicant and it is also alleged in the first information report that, applicant and other co- accused persons also bit off the right ear of injured Amir. Learned counsel for the applicant further submits that, the informant and the applicant are resident of same locality and with the involvement of elder people of the society, both the parties have agreed to settle the dispute and entered into a compromise on 23.2.2026. Learned counsel for the applicant further submits that, the accused-applicant is languishing in jail in this matter, since 23.2.2026, without having any criminal antecedents and there is no likelihood that, the accused-applicant, after release on bail, may flee from the process of law or will misuse the liberty of bail. 4. Learned A.G.A. appearing on behalf of State opposes the prayer for bail Versus Counsel for Applicant(s) : Mukesh Joshi Counsel for Opposite Party(s) : G.A. Junaid .....Applicant(s) State of U.P. .....Opposite Party(s) of the applicant on the ground that, four injuries have been caused to the injured Amir and as per his medical and supplementary medical report, injury No.1 is lacerated wound of size 5.1cm x [1.0cm to 0.5cm] x through and through, present over right ear pinna, irregular and inverted margin, irregular shape, bleeding stopped after treatment, which is grievous in nature. Learned AGA further submits that, as per medical report of the injured Nafees, incised wound of size 2.0cm x 1.0cm x depth [could not be certain) was present over right side of abdomen, clean cut with everted margin, spindle shape, oblique, head of wounds towards medial line, 8.0cm lateral to midline and 20.0cm below right nipple and bleeding stopped after treatment and in the supplementary medical report of injured Nafees, it is mentioned that, "तत्पश्चात मरीज का ईलाज़ आप्रेशन exploratory laparotomy, which revealed multiple hollow viscous perforation at ileum, which was repaired and loop ileostomy with pelvic and subhepatic drain placement was done under General anaesthesia (Dr. Vipin Dhama (MD) and team), Iv antibiotics, analgesic and dressing द्वारा िकया गया। Thus, having regard to the manner, in which the crime has been committed, the applicant is not entitled to be released on bail. 5. Having considered the rival contentions of the parties and having perused the record, it is evident that, specific role of causing injury to the injured Nafees in his abdomen has been levelled against the applicant and injury No.1 caused to the injured Amir is grievous in nature. Dr. Shubham Yadav (MS), who has done the surgery of intestine of the injured Nafees, has categorically stated that, the intestine of the injured Nafees was torn and the injury was grievous in nature; if treatment was not given on time, then injured Nafees could have died. Thus, having regard to the evidence available on record against the applicant and his complicity in the crime and considering the injuries caused to the injured persons and gravity of offence, I do not find any good ground to release the applicant on bail. Hence, the bail application moved on behalf of applicant - Junaid is hereby rejected. 6. Observations made herein-above by this court are only for the purpose of disposal of this bail application and shall not be construed as an expression of this Court on the merits of the case. April 23, 2026 Gurpreet Singh BAIL No. 10885 of 2026 2 (Harvir Singh,J.) Digitally signed by :- GURPREET SINGH High Court of Judicature at Allahabad