High Court · 2025

3-As per the prosecution case in brief, complainant-Vivek Kumar Ahirwar (husband of the injured) got a First Information Report lodged on 18.05.2025 with regard to an incident dated 16.05.2025 against the applicant for the offence under Section 109 B.N.S. alleging inter-alia that on 10.05.2025, his wife went to the market with one Monika to buy household items. When she did not return home till 09:00 pm, he had ranged her several times but he did not get any response. Thereafter, the informant tried to inquire about his wife, on which he has received an information at about 01:34 am in the night that his wife is admitted in Numed Hospital. On the said information, informant immediately reached to the hospital and saw that his wife throat was slit with a sharp edged weapon and had also deep wound on her chest. On being asked, hospital staff and guard told that a man brought her to the hospital, left the 2 patient and ran away by leaving his car behind. F.I.R. also alleges that the complainant had a suspicion that the present applicant-Durgesh Sharma had committed the said offence as he had previous enmity with his wife and the applicant had also threatened to kill him (complainant) as well as his wife. In the F.I.R., complainant had also stated that applicant-Durgesh Sharma had firstly called his wife to his flat, slit her throat, stabbed her on chest and finally to save himself, he took her to Numed Hospital in his car and fled away. 4-The main substratum of argument of learned counsel for the applicant is that the applicant is innocent and has been falsely implicated in this case. The applicant and the injured are known to each other because earlier, they were in a relationship. He next submits that the entire statement of the complainant is concocted and based upon the presumption as there was no witness who had seen the applicant inflicting the injuries to the victim. It is next submitted that the injuries, received to the injured, are suicidal. It is further submitted that the wife of complainant was having extra marital affair with the applicant but later when applicant refused to continue said relationship with her as he has faced humiliation in society, therefore she in order to create a pressure upon the applicant, herself cut her throat and made injury on her chest. Much emphasis has been given by contending that the injuries on the injured are suicidal in nature because suicidal incised wounds are generally situated on the front of the body in easily accessible position. Lastly, it is submitted that the allegation against the applicant that he has made an attempt to kill the complainant’s wife (victim) is false, because the applicant himself got the injured admitted in the hospital. There is no chance of the applicant of fleeing away from the judicial process. The applicant has no criminal history to his credit and is languishing in jail since 20.05.2025. In case the applicant is released on bail, he will not misuse the liberty of bail. 3 5-Per contra, learned A.G.A. for the State opposed the prayer for bail of the applicant by contending that :

5.1-In the F.I.R. as well as in the statement of the complainant, there is a specific allegation against the applicant that he, due to previous enmity, has committed that said offence.

5.2-The said allegation is corroborated from the injury report of the injured, which reads as under:- (i) Deep lacerated wound around neck 12 cm x 1 cm. (ii) Stab wound over the right side of upper chest. As per opinion of the doctor, the injuries received to the injured are grievous in nature and are also dangerous to life.

5.3-In the CCTV footage of the hospital, applicant was seen with the injured. However, after getting the injured admitted, applicant absconded leaving his car behind.

5.4-The injured, in her statement recorded on 18.05.2025, has also supported the prosecution case giving vivid description of the incident. The statement of the injured is reproduced herein below:- "………….. साह뤘폨 हꚳ폈 लो鵈셨 तथा दु鵈셨(cid:13)砎誂 砎誂ꚳ폈ा(cid:15) ्ቚता勿䧳 वि(cid:19)हा㝧㝖 भा(cid:19)㝧㝖ा(cid:19) दे(cid:19)㝧㝖स सैक्ट㝧㝖 12 धाना वि(cid:19)जयन鵈셨㝧㝖 鵈셨ाजिजया뤘폨ाद ꚳ폈岇攭 ए䩶密 साथ 㝧㝖हते थे╓⒙ हꚳ폈 लो鵈셨ों 䩶密ा ए䩶密 दूस㝧㝖े 䩶密े यहा鏦ꗪ 勿䧳ड़ोस腚腋 होने 䩶密े नाते आना जाना ल鵈셨ा 㝧㝖हता था╓⒙ उस腚腋दौ㝧㝖ानꚳ폈े㝧㝖腚腋दु鵈셨(cid:13)砎誂砎誂ꚳ폈ा(cid:15)सेदोस्त腚腋हो鵈셨य腚腋थ腚腋औ㝧㝖ꚳ폈े㝧㝖ेदु鵈셨(cid:13)砎誂सेसम्뤘폨न्ध हो 鵈셨ये थे जिजस 勿䧳㝧㝖ꚳ폈े㝧㝖े勿䧳鏙꼤त䩶密ो जान䩶密ा㝧㝖腚腋 हु岁溚तो ꚳ폈े㝧㝖े勿䧳रि㝧㝖(cid:19)ा㝧㝖(cid:19)ाले ना㝧㝖ाज हो 鵈셨ये थे तभ腚腋 ꚳ폈ैंने अ勿䧳न腚腋 鵈셨लत腚腋 ꚳ폈ानते हुये दु鵈셨(cid:13)砎誂 से 뤘폨ोल चाल 뤘폨न्द 䩶密㝧㝖 द腚腋勿䧳㝧㝖न्तुदु鵈셨(cid:13)砎誂ꚳ폈े㝧㝖े勿䧳腚腋छे 勿䧳ड़ाथाऔ㝧㝖ल鵈셨ाता㝧㝖ꚳ폈ु䃘䦵勿䧳㝧㝖뤘폨ोलचाल䩶密े लिलये द뤘폨ा뤘폨 뤘폨नाता 㝧㝖हा इस 뤘폨ात 勿䧳㝧㝖 ꚳ폈े㝧㝖ा दु鵈셨(cid:13)砎誂 से ए䩶密 뤘폨ा㝧㝖 䃘䦵鵈셨ड़ा भ腚腋 हुआ था जिजस䩶密쉯 勿䧳ुलिलस 䩶密म्勿䧳लेन हु岁溚 थ腚腋 जिजसꚳ폈岇攭 हꚳ폈 दोनो 䩶密ो थाने जाना 勿䧳ड़ा था ꚳ폈े㝧㝖े 勿䧳鏙꼤त भ腚腋 थाने 鵈셨ये थे तो दु鵈셨(cid:13)砎誂 ने थाने से आने 勿䧳㝧㝖 ꚳ폈ु䃘䦵े धꚳ폈䩶密쉯 द腚腋 थ腚腋 ते㝧㝖腚腋(cid:19)जहसेꚳ폈े㝧㝖腚腋뤘폨हु 뤘폨हुत뤘폨ेइ्ሸत腚腋हु岁溚हैꚳ폈ु䃘䦵ेआजथानेꚳ폈岇攭भ腚腋आना勿䧳ड़ा तू뤘폨हुत勿䧳छताय鵈셨腚腋ꚳ폈ैंतु䃘䦵े(cid:19)ते㝧㝖े勿䧳鏙꼤तदोनों䩶密ोनह宜卂छोडूं鵈셨ा╓⒙इस䩶密े 뤘폨ादभ腚腋 दु鵈셨(cid:13)砎誂砎誂ꚳ폈ा(cid:15)ꚳ폈ु䃘䦵से뤘폨ात䩶密㝧㝖ने䩶密े लिलयेल鵈셨ाता㝧㝖द뤘폨ा(cid:19)뤘폨नाता㝧㝖हाꚳ폈ु䃘䦵ेब्लै䩶密 ꚳ폈ेल 䩶密㝧㝖䩶密े ज뤘폨㝧㝖दस्त腚腋 अ勿䧳ने 勿䧳ास 뤘폨ुलाने 䩶密ा ्ቚयास 䩶密㝧㝖ता था╓⒙ ꚳ폈ैंने इस सम्뤘폨न्धꚳ폈岇攭अ勿䧳ने勿䧳鏙꼤त䩶密ोभ腚腋뤘폨तायाथालेवि䩶密न뤘폨दनाꚳ폈腚腋䩶密े 䩶密ा㝧㝖ⷉᯮꚳ폈ैंने या 4 ꚳ폈े㝧㝖े 勿䧳鏙꼤त ने इस䩶密쉯 䩶密ह腚腋 शि砎誂䩶密ायत नह宜卂 䩶密쉯 थ腚腋╓⒙ विदनां䩶密 16.05.2025 䩶密ो दु鵈셨(cid:13)砎誂 砎誂ꚳ폈ा(cid:15) ने ꚳ폈ु䃘䦵े ब्लै䩶密 ꚳ폈ेल 䩶密㝧㝖䩶密े धोखे से जनता्ቝैट ( सैन腚腋 鵈셨ोलच्ሪ㝧㝖 䩶密े 勿䧳ास) 뤘폨ुलायाथाꚳ폈ैंसꚳ폈य䩶密㝧㝖腚腋뤘폨चा㝧㝖勿䧳ा鏦ꗪच뤘폨जेड㝧㝖腚腋ड㝧㝖腚腋स腚腋जनता्ቝैट 鵈셨य腚腋थ腚腋जहा鏦ꗪदु鵈셨(cid:13)砎誂砎誂ꚳ폈ा(cid:15)ꚳ폈ु䃘䦵ेविꚳ폈लाथा(cid:19)हफस्ट(cid:15) ्ቝो㝧㝖勿䧳㝧㝖था╓⒙ज뤘폨ꚳ폈ैंउस ्ቝैट ꚳ폈岇攭 鵈셨य腚腋 तो ्ቝैट ꚳ폈岇攭 दु鵈셨(cid:13)砎誂 砎誂ꚳ폈ा(cid:15) 䩶密े अला(cid:19)ा ए䩶密 औ㝧㝖 व्यविF भ腚腋 था जिजस䩶密े 뤘폨ा㝧㝖े ꚳ폈岇攭 दु鵈셨(cid:13)砎誂 砎誂ꚳ폈ा(cid:15) ने अ勿䧳ना जूविनय㝧㝖 뤘폨ताते हुये विꚳ폈लाया था╓⒙ जिजस䩶密ा नाꚳ폈 दु鵈셨(cid:13)砎誂 砎誂ꚳ폈ा(cid:15) ने 㝧㝖ो砎誂न 뤘폨ताया था 䩶密ुछ दे㝧㝖 뤘폨ाद 㝧㝖ो砎誂न नाꚳ폈 䩶密ा (cid:19)हव्यविF्ቝैटसेचला鵈셨याथाउस䩶密े जातेह腚腋दु鵈셨(cid:13)砎誂砎誂ꚳ폈ा(cid:15)ꚳ폈ु䃘䦵ेधꚳ폈䩶密쉯देने ल鵈셨ा वि䩶密 ते㝧㝖腚腋 (cid:19)जह से सꚳ폈ाज ꚳ폈岇攭 ꚳ폈े㝧㝖腚腋 뤘폨हुत 뤘폨ेइ्ሸत腚腋 हु岁溚 थ腚腋 ꚳ폈ु䃘䦵े ए䩶密 뤘폨ा㝧㝖 ते㝧㝖腚腋 (cid:19)जह से थाने जाना 勿䧳ड़ा था╓⒙ ꚳ폈ैंआज ते㝧㝖腚腋 䩶密हान腚腋 ह腚腋खत्ꚳ폈 䩶密㝧㝖 देता हू鏦ꗪ इतना 䩶密ह䩶密㝧㝖 दु鵈셨(cid:13)砎誂 砎誂ꚳ폈ा(cid:15) ने 鵈셨्ቌे 䩶密े न腚腋चे से ए䩶密 चा䩶密ू विन䩶密ालाऔ㝧㝖 ꚳ폈े㝧㝖े 뤘폨ाल 勿䧳䩶密ड़䩶密㝧㝖 ꚳ폈े㝧㝖腚腋 鵈셨द(cid:15)न 㝧㝖ेत द腚腋 तथा ए䩶密 뤘폨ा㝧㝖 चा䩶密ू से ꚳ폈े㝧㝖े स腚腋ने 勿䧳㝧㝖 (cid:19)ा㝧㝖 वि䩶密याꚳ폈ैंलहूलुहानहो鵈셨य腚腋थ腚腋ꚳ폈ैं鏙꼤च्ቤाभ腚腋नह宜卂勿䧳ा㝧㝖ह腚腋थ腚腋क्योंवि䩶密ꚳ폈े㝧㝖े鵈셨ले सेआ(cid:19)ाजनह宜卂विन䩶密ल㝧㝖ह腚腋थ腚腋ꚳ폈ैंनेदु鵈셨(cid:13)砎誂砎誂ꚳ폈ा(cid:15)से䩶密हावि䩶密ꚳ폈ैंअ勿䧳ने勿䧳鏙꼤तसे यहा鏦ꗪआने 䩶密े लिलये 뤘폨ता䩶密㝧㝖आय腚腋 हू鏦ꗪ ꚳ폈ु䃘䦵े 䩶密ुछहो 鵈셨या तो तुꚳ폈भ腚腋 नह宜卂 뤘폨च 勿䧳ाओ鵈셨ेꚳ폈ैंजꚳ폈腚腋न勿䧳㝧㝖勿䧳ड़腚腋䩶密㝧㝖ाहत腚腋㝧㝖ह腚腋त뤘폨दु鵈셨(cid:13)砎誂砎誂ꚳ폈ा(cid:15)ꚳ폈ु䃘䦵ेउठा䩶密㝧㝖अ勿䧳न腚腋 䩶密ा㝧㝖 से अस्勿䧳ताल ले䩶密㝧㝖 आया औ㝧㝖 नुꚳ폈ेड अस्勿䧳ताल ꚳ폈岇攭 भतL 䩶密㝧㝖ाया था ꚳ폈ु䃘䦵े 뤘폨ाद ꚳ폈岇攭 勿䧳ता चला था वि䩶密 दु鵈셨(cid:13)砎誂 砎誂ꚳ폈ा(cid:15) ने 勿䧳ुलिलस 䩶密ो 鵈셨ुꚳ폈㝧㝖ाह 䩶密㝧㝖ने 䩶密े लिलये अ勿䧳ने नाꚳ폈 से ꚳ폈ु䃘䦵े अस्勿䧳ताल ꚳ폈岇攭 भतL 䩶密㝧㝖ाया था ꚳ폈ु䃘䦵से अस्勿䧳ताल ꚳ폈岇攭 डॉक्ट㝧㝖 ने 勿䧳ूछा था वि䩶密 यह वि䩶密सने वि䩶密या है तो ꚳ폈ैंने दु鵈셨(cid:13)砎誂 砎誂ꚳ폈ा(cid:15) 䩶密ा नाꚳ폈 डॉक्ट㝧㝖䩶密ो뤘폨तायाथा ....” …

5.5-The alleged knife, which was used in the commission of crime, has also been recovered at the pointing out of the applicant.

5.6-Blood stains has also been collected from the car of the applicant.

5.7-Lastly it is submitted that the bail application of the applicant is liable to be rejected. 6-Having heard learned counsel for the parties and examined the matter in its entirety, I find that the complainant and injured, both have supported the prosecution case. The injured in her statement has attributed specific role of causing knife injuries to her against the applicant by stating inter-alia that applicant slit her neck with knife and also slashed her chest. She was covered in blood and was unable to scream because no sound was coming out of her throat. The prosecution case is also corroborated from the medical report of the injured. The injuries are on the vital part of body of the injured and 5 dangerous to life. The weapon which was used in commission of crime also recovered from the possession of the applicant. The applicant is sole accused and as per own case of applicant that earlier he had faced humiliation in the society due to extra marital affair with the victim/injured, hence, prima-facie motive is also against the applicant. At this stage, I do not find any good ground to disbelieve the statement of the injured / victim. So far as the defence as raised on behalf of the applicant that injured herself inflicted knife injuries on her body is concerned, the same is not liable to be accepted at this stage, which is a matter of trial. 7-In view of the above, considering the overall facts and circumstances of the case as well as keeping in view the submissions advanced on behalf of parties, gravity of offence, role assigned to applicant, nature of injuries, severity of punishment and statement of the complainant as well as victim/injured, I do not find any good ground to release the applicant on bail. 8-Accordingly, the bail application is rejected. 9-It is made clear that the observations contained in the instant order are confined to the issue of bail and shall not affect the merit of the trial. 10-However it is open for the applicant to move second bail application after recording the statement of the complainant and injured, before the trial court. Order Date :- 4.8.2025 Saurabh SAURABH KUMAR High Court of Judicature at Allahabad

3-As per the prosecution case in brief, complainant-Vivek Kumar Ahirwar (husband of the injured) got a First Information Report lodged on 18.05.2025 with regard to an incident dated 16.05.2025 against the applicant for the offence under Section 109 B.N.S. alleging inter-alia that on 10.05.2025, his wife went to the market with one Monika to buy household items. When she did not return home till 09:00 pm, he had ranged her several times but he did not get any response. Thereafter, the informant tried to inquire about his wife, on which he has received an information at about 01:34 am in the night that his wife is admitted in Numed Hospital. On the said information, informant immediately reached to the hospital and saw that his wife throat was slit with a sharp edged weapon and had also deep wound on her chest. On being asked, hospital staff and guard told that a man brought her to the hospital, left the 2 patient and ran away by leaving his car behind. F.I.R. also alleges that the complainant had a suspicion that the present applicant-Durgesh Sharma had committed the said offence as he had previous enmity with his wife and the applicant had also threatened to kill him (complainant) as well as his wife. In the F.I.R., complainant had also stated that applicant-Durgesh Sharma had firstly called his wife to his flat, slit her throat, stabbed her on chest and finally to save himself, he took her to Numed Hospital in his car and fled away. 4-The main substratum of argument of learned counsel for the applicant is that the applicant is innocent and has been falsely implicated in this case. The applicant and the injured are known to each other because earlier, they were in a relationship. He next submits that the entire statement of the complainant is concocted and based upon the presumption as there was no witness who had seen the applicant inflicting the injuries to the victim. It is next submitted that the injuries, received to the injured, are suicidal. It is further submitted that the wife of complainant was having extra marital affair with the applicant but later when applicant refused to continue said relationship with her as he has faced humiliation in society, therefore she in order to create a pressure upon the applicant, herself cut her throat and made injury on her chest. Much emphasis has been given by contending that the injuries on the injured are suicidal in nature because suicidal incised wounds are generally situated on the front of the body in easily accessible position. Lastly, it is submitted that the allegation against the applicant that he has made an attempt to kill the complainant’s wife (victim) is false, because the applicant himself got the injured admitted in the hospital. There is no chance of the applicant of fleeing away from the judicial process. The applicant has no criminal history to his credit and is languishing in jail since 20.05.2025. In case the applicant is released on bail, he will not misuse the liberty of bail. 3 5-Per contra, learned A.G.A. for the State opposed the prayer for bail of the applicant by contending that :

5.1-In the F.I.R. as well as in the statement of the complainant, there is a specific allegation against the applicant that he, due to previous enmity, has committed that said offence.

5.2-The said allegation is corroborated from the injury report of the injured, which reads as under:- (i) Deep lacerated wound around neck 12 cm x 1 cm. (ii) Stab wound over the right side of upper chest. As per opinion of the doctor, the injuries received to the injured are grievous in nature and are also dangerous to life.

5.3-In the CCTV footage of the hospital, applicant was seen with the injured. However, after getting the injured admitted, applicant absconded leaving his car behind.

5.4-The injured, in her statement recorded on 18.05.2025, has also supported the prosecution case giving vivid description of the incident. The statement of the injured is reproduced herein below:- "………….. साह뤘폨 हꚳ폈 लो鵈셨 तथा दु鵈셨(cid:13)砎誂 砎誂ꚳ폈ा(cid:15) ्ቚता勿䧳 वि(cid:19)हा㝧㝖 भा(cid:19)㝧㝖ा(cid:19) दे(cid:19)㝧㝖स सैक्ट㝧㝖 12 धाना वि(cid:19)जयन鵈셨㝧㝖 鵈셨ाजिजया뤘폨ाद ꚳ폈岇攭 ए䩶密 साथ 㝧㝖हते थे╓⒙ हꚳ폈 लो鵈셨ों 䩶密ा ए䩶密 दूस㝧㝖े 䩶密े यहा鏦ꗪ 勿䧳ड़ोस腚腋 होने 䩶密े नाते आना जाना ल鵈셨ा 㝧㝖हता था╓⒙ उस腚腋दौ㝧㝖ानꚳ폈े㝧㝖腚腋दु鵈셨(cid:13)砎誂砎誂ꚳ폈ा(cid:15)सेदोस्त腚腋हो鵈셨य腚腋थ腚腋औ㝧㝖ꚳ폈े㝧㝖ेदु鵈셨(cid:13)砎誂सेसम्뤘폨न्ध हो 鵈셨ये थे जिजस 勿䧳㝧㝖ꚳ폈े㝧㝖े勿䧳鏙꼤त䩶密ो जान䩶密ा㝧㝖腚腋 हु岁溚तो ꚳ폈े㝧㝖े勿䧳रि㝧㝖(cid:19)ा㝧㝖(cid:19)ाले ना㝧㝖ाज हो 鵈셨ये थे तभ腚腋 ꚳ폈ैंने अ勿䧳न腚腋 鵈셨लत腚腋 ꚳ폈ानते हुये दु鵈셨(cid:13)砎誂 से 뤘폨ोल चाल 뤘폨न्द 䩶密㝧㝖 द腚腋勿䧳㝧㝖न्तुदु鵈셨(cid:13)砎誂ꚳ폈े㝧㝖े勿䧳腚腋छे 勿䧳ड़ाथाऔ㝧㝖ल鵈셨ाता㝧㝖ꚳ폈ु䃘䦵勿䧳㝧㝖뤘폨ोलचाल䩶密े लिलये द뤘폨ा뤘폨 뤘폨नाता 㝧㝖हा इस 뤘폨ात 勿䧳㝧㝖 ꚳ폈े㝧㝖ा दु鵈셨(cid:13)砎誂 से ए䩶密 뤘폨ा㝧㝖 䃘䦵鵈셨ड़ा भ腚腋 हुआ था जिजस䩶密쉯 勿䧳ुलिलस 䩶密म्勿䧳लेन हु岁溚 थ腚腋 जिजसꚳ폈岇攭 हꚳ폈 दोनो 䩶密ो थाने जाना 勿䧳ड़ा था ꚳ폈े㝧㝖े 勿䧳鏙꼤त भ腚腋 थाने 鵈셨ये थे तो दु鵈셨(cid:13)砎誂 ने थाने से आने 勿䧳㝧㝖 ꚳ폈ु䃘䦵े धꚳ폈䩶密쉯 द腚腋 थ腚腋 ते㝧㝖腚腋(cid:19)जहसेꚳ폈े㝧㝖腚腋뤘폨हु 뤘폨हुत뤘폨ेइ्ሸत腚腋हु岁溚हैꚳ폈ु䃘䦵ेआजथानेꚳ폈岇攭भ腚腋आना勿䧳ड़ा तू뤘폨हुत勿䧳छताय鵈셨腚腋ꚳ폈ैंतु䃘䦵े(cid:19)ते㝧㝖े勿䧳鏙꼤तदोनों䩶密ोनह宜卂छोडूं鵈셨ा╓⒙इस䩶密े 뤘폨ादभ腚腋 दु鵈셨(cid:13)砎誂砎誂ꚳ폈ा(cid:15)ꚳ폈ु䃘䦵से뤘폨ात䩶密㝧㝖ने䩶密े लिलयेल鵈셨ाता㝧㝖द뤘폨ा(cid:19)뤘폨नाता㝧㝖हाꚳ폈ु䃘䦵ेब्लै䩶密 ꚳ폈ेल 䩶密㝧㝖䩶密े ज뤘폨㝧㝖दस्त腚腋 अ勿䧳ने 勿䧳ास 뤘폨ुलाने 䩶密ा ्ቚयास 䩶密㝧㝖ता था╓⒙ ꚳ폈ैंने इस सम्뤘폨न्धꚳ폈岇攭अ勿䧳ने勿䧳鏙꼤त䩶密ोभ腚腋뤘폨तायाथालेवि䩶密न뤘폨दनाꚳ폈腚腋䩶密े 䩶密ा㝧㝖ⷉᯮꚳ폈ैंने या 4 ꚳ폈े㝧㝖े 勿䧳鏙꼤त ने इस䩶密쉯 䩶密ह腚腋 शि砎誂䩶密ायत नह宜卂 䩶密쉯 थ腚腋╓⒙ विदनां䩶密 16.05.2025 䩶密ो दु鵈셨(cid:13)砎誂 砎誂ꚳ폈ा(cid:15) ने ꚳ폈ु䃘䦵े ब्लै䩶密 ꚳ폈ेल 䩶密㝧㝖䩶密े धोखे से जनता्ቝैट ( सैन腚腋 鵈셨ोलच्ሪ㝧㝖 䩶密े 勿䧳ास) 뤘폨ुलायाथाꚳ폈ैंसꚳ폈य䩶密㝧㝖腚腋뤘폨चा㝧㝖勿䧳ा鏦ꗪच뤘폨जेड㝧㝖腚腋ड㝧㝖腚腋स腚腋जनता्ቝैट 鵈셨य腚腋थ腚腋जहा鏦ꗪदु鵈셨(cid:13)砎誂砎誂ꚳ폈ा(cid:15)ꚳ폈ु䃘䦵ेविꚳ폈लाथा(cid:19)हफस्ट(cid:15) ्ቝो㝧㝖勿䧳㝧㝖था╓⒙ज뤘폨ꚳ폈ैंउस ्ቝैट ꚳ폈岇攭 鵈셨य腚腋 तो ्ቝैट ꚳ폈岇攭 दु鵈셨(cid:13)砎誂 砎誂ꚳ폈ा(cid:15) 䩶密े अला(cid:19)ा ए䩶密 औ㝧㝖 व्यविF भ腚腋 था जिजस䩶密े 뤘폨ा㝧㝖े ꚳ폈岇攭 दु鵈셨(cid:13)砎誂 砎誂ꚳ폈ा(cid:15) ने अ勿䧳ना जूविनय㝧㝖 뤘폨ताते हुये विꚳ폈लाया था╓⒙ जिजस䩶密ा नाꚳ폈 दु鵈셨(cid:13)砎誂 砎誂ꚳ폈ा(cid:15) ने 㝧㝖ो砎誂न 뤘폨ताया था 䩶密ुछ दे㝧㝖 뤘폨ाद 㝧㝖ो砎誂न नाꚳ폈 䩶密ा (cid:19)हव्यविF्ቝैटसेचला鵈셨याथाउस䩶密े जातेह腚腋दु鵈셨(cid:13)砎誂砎誂ꚳ폈ा(cid:15)ꚳ폈ु䃘䦵ेधꚳ폈䩶密쉯देने ल鵈셨ा वि䩶密 ते㝧㝖腚腋 (cid:19)जह से सꚳ폈ाज ꚳ폈岇攭 ꚳ폈े㝧㝖腚腋 뤘폨हुत 뤘폨ेइ्ሸत腚腋 हु岁溚 थ腚腋 ꚳ폈ु䃘䦵े ए䩶密 뤘폨ा㝧㝖 ते㝧㝖腚腋 (cid:19)जह से थाने जाना 勿䧳ड़ा था╓⒙ ꚳ폈ैंआज ते㝧㝖腚腋 䩶密हान腚腋 ह腚腋खत्ꚳ폈 䩶密㝧㝖 देता हू鏦ꗪ इतना 䩶密ह䩶密㝧㝖 दु鵈셨(cid:13)砎誂 砎誂ꚳ폈ा(cid:15) ने 鵈셨्ቌे 䩶密े न腚腋चे से ए䩶密 चा䩶密ू विन䩶密ालाऔ㝧㝖 ꚳ폈े㝧㝖े 뤘폨ाल 勿䧳䩶密ड़䩶密㝧㝖 ꚳ폈े㝧㝖腚腋 鵈셨द(cid:15)न 㝧㝖ेत द腚腋 तथा ए䩶密 뤘폨ा㝧㝖 चा䩶密ू से ꚳ폈े㝧㝖े स腚腋ने 勿䧳㝧㝖 (cid:19)ा㝧㝖 वि䩶密याꚳ폈ैंलहूलुहानहो鵈셨य腚腋थ腚腋ꚳ폈ैं鏙꼤च्ቤाभ腚腋नह宜卂勿䧳ा㝧㝖ह腚腋थ腚腋क्योंवि䩶密ꚳ폈े㝧㝖े鵈셨ले सेआ(cid:19)ाजनह宜卂विन䩶密ल㝧㝖ह腚腋थ腚腋ꚳ폈ैंनेदु鵈셨(cid:13)砎誂砎誂ꚳ폈ा(cid:15)से䩶密हावि䩶密ꚳ폈ैंअ勿䧳ने勿䧳鏙꼤तसे यहा鏦ꗪआने 䩶密े लिलये 뤘폨ता䩶密㝧㝖आय腚腋 हू鏦ꗪ ꚳ폈ु䃘䦵े 䩶密ुछहो 鵈셨या तो तुꚳ폈भ腚腋 नह宜卂 뤘폨च 勿䧳ाओ鵈셨ेꚳ폈ैंजꚳ폈腚腋न勿䧳㝧㝖勿䧳ड़腚腋䩶密㝧㝖ाहत腚腋㝧㝖ह腚腋त뤘폨दु鵈셨(cid:13)砎誂砎誂ꚳ폈ा(cid:15)ꚳ폈ु䃘䦵ेउठा䩶密㝧㝖अ勿䧳न腚腋 䩶密ा㝧㝖 से अस्勿䧳ताल ले䩶密㝧㝖 आया औ㝧㝖 नुꚳ폈ेड अस्勿䧳ताल ꚳ폈岇攭 भतL 䩶密㝧㝖ाया था ꚳ폈ु䃘䦵े 뤘폨ाद ꚳ폈岇攭 勿䧳ता चला था वि䩶密 दु鵈셨(cid:13)砎誂 砎誂ꚳ폈ा(cid:15) ने 勿䧳ुलिलस 䩶密ो 鵈셨ुꚳ폈㝧㝖ाह 䩶密㝧㝖ने 䩶密े लिलये अ勿䧳ने नाꚳ폈 से ꚳ폈ु䃘䦵े अस्勿䧳ताल ꚳ폈岇攭 भतL 䩶密㝧㝖ाया था ꚳ폈ु䃘䦵से अस्勿䧳ताल ꚳ폈岇攭 डॉक्ट㝧㝖 ने 勿䧳ूछा था वि䩶密 यह वि䩶密सने वि䩶密या है तो ꚳ폈ैंने दु鵈셨(cid:13)砎誂 砎誂ꚳ폈ा(cid:15) 䩶密ा नाꚳ폈 डॉक्ट㝧㝖䩶密ो뤘폨तायाथा ....” …

5.5-The alleged knife, which was used in the commission of crime, has also been recovered at the pointing out of the applicant.

5.6-Blood stains has also been collected from the car of the applicant.

5.7-Lastly it is submitted that the bail application of the applicant is liable to be rejected. 6-Having heard learned counsel for the parties and examined the matter in its entirety, I find that the complainant and injured, both have supported the prosecution case. The injured in her statement has attributed specific role of causing knife injuries to her against the applicant by stating inter-alia that applicant slit her neck with knife and also slashed her chest. She was covered in blood and was unable to scream because no sound was coming out of her throat. The prosecution case is also corroborated from the medical report of the injured. The injuries are on the vital part of body of the injured and 5 dangerous to life. The weapon which was used in commission of crime also recovered from the possession of the applicant. The applicant is sole accused and as per own case of applicant that earlier he had faced humiliation in the society due to extra marital affair with the victim/injured, hence, prima-facie motive is also against the applicant. At this stage, I do not find any good ground to disbelieve the statement of the injured / victim. So far as the defence as raised on behalf of the applicant that injured herself inflicted knife injuries on her body is concerned, the same is not liable to be accepted at this stage, which is a matter of trial. 7-In view of the above, considering the overall facts and circumstances of the case as well as keeping in view the submissions advanced on behalf of parties, gravity of offence, role assigned to applicant, nature of injuries, severity of punishment and statement of the complainant as well as victim/injured, I do not find any good ground to release the applicant on bail. 8-Accordingly, the bail application is rejected. 9-It is made clear that the observations contained in the instant order are confined to the issue of bail and shall not affect the merit of the trial. 10-However it is open for the applicant to move second bail application after recording the statement of the complainant and injured, before the trial court. Order Date :- 4.8.2025 Saurabh SAURABH KUMAR High Court of Judicature at Allahabad