Allahabad High Court
Hamid Khan vs State Of U.P. on 3 May, 2023
Author: Deepak Verma
Bench: Deepak Verma
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 87 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 58009 of 2022 Applicant :- Hamid Khan Opposite Party :- State of U.P. Counsel for Applicant :- Shekhar Gangal Counsel for Opposite Party :- G.A. Hon'ble Deepak Verma,J.
Heard learned counsel for the applicant, learned A.G.A. on behalf of State and perused the record.
The instant bail application has been filed on behalf of the applicant with a prayer to release him on bail in Case Crime No. 976 of 2021, under Sections 307, 506 I.P.C., Police Station- Kwarsi, District- Aligarh, during pendency of the trial.
The allegation in the FIR is that on 14.09.2021 at night, the husband of the informant's sister by way of wearing burqa came into the house with knife and stabbed his wife/informant's sister and gave threat to all family members of informant.
Learned counsel for the applicant submits that applicant is innocent and has falsely been implicated in the present case. The knife has been recovered after seven months of the incident. The applicant is not a previous convict which is explained in para 23 of the affidavit and is languishing in jail since 16.04.2022.
On the other hand, learned A.G.A. vehemently opposed the bail prayer of the applicant and submitted that the injured has received grievous injuries as per the medical examination report, victim's intestine has been damaged and the applicant with intention to cause injury to his wife/infomant's sister, came into the house. It is clear that applicant is involved in the alleged crime. The witnesses are being examined before the trial court and from the statement of witnesses, recorded under Section 161 Cr.P.C. supports the version of the FIR. Case is made out against the applicant, hence the applicant is not entitled for bail.
Without expressing any opinion on the merits of the case and considering the submission advanced, I find no good ground for grant of bail to the applicant in the aforesaid case.
The bail application is, accordingly, rejected.
Order Date :- 3.5.2023 Anjali