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2026 DAILYLAW 1291 (ALL)

AZEEM HUSAIN v. STATE OF U.P.

BAIL/12317/2026 · 2026-04-21

Harvir Singh

body2026

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 12317 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/ Azeem Husain, for grant of bail, in Case Crime No. 793 of 2025, Session Trial No.1765 of 2025, under Section 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. General allegations of physical assault with the help of knife have been levelled against the applicant and other co-accused persons in the first information report of this case and it is also alleged in the first information report that, accused persons have attacked on the neck of the injured- Rizwan (son of the informant) with knife and the injured has got deep cut injury on the neck. Learned counsel for the applicant further submits that, no specific role has been assigned to the applicant and injuries caused to the injured are not dangerous to life. The accused-applicant is languishing in jail in this matter, since 27.8.2025, 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 of the applicant on the ground that, supplementary report of the injured Rizwan dated 17.10.2025 shows hypo-densities in left sternocleidomastoid, Versus Counsel for Applicant(s) : Meraj Ahmad Khan Counsel for Opposite Party(s) : G.A. Azeem Husain .....Applicant(s) State of U.P. .....Opposite Party(s) anterior scalene and left subclavian muscles s/o laceration and subcutaneous emphysema changes across the left side and into the suprasternal region with the opinion that, injury No.1 is grievous in nature, therefore, having regard to the manner, in which the crime has been committed, the applicant is not entitled to be released on bail. 5. 5. Having considered the rival contentions of the parties, gravity of offence, injuries caused to the injured Rizwan and having regard to the evidence available on record against the applicant and his complicity in the crime, I do not find any good ground to release the applicant on bail. Hence, the bail application moved on behalf of applicant - Azeem Husain 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 22, 2026 Gurpreet Singh BAIL No. 12317 of 2026 2 (Harvir Singh,J.) Digitally signed by :- GURPREET SINGH High Court of Judicature at Allahabad