CRIMINAL MISC. BAIL APPLICATION No. 32236 of 2025 · Allahabad High Court

Heard learned counsel for the applicant, learned counsel for the informant, learned AGA for the State-respondents and perused the record.

This bail application has been moved on behalf of accused-applicant Nazim seeking enlargement on bail in Case Crime No.161 of 2025, under Sections 191(2), 191(3), 190, 333, 109, 115(2), 352, 351(3), 118(1), 3(5) B.N.S., Police Station- Sahaswan, District- Budaun.

3. Learned counsel for the applicant submits that the accused-applicant has not committed any offence as alleged in the FIR and has been falsely implicated in this case. Applicant is languishing in jail since 30.7.2025. It is submitted that 16 accused persons including the applicant are named in the FIR. It is further submitted that as per the FIR the incident has occurred on

29.3.2025, whereas the FIR was registered on 10.4.2025 at a belated stage. It is argued that applicant has not been assigned any specific and separate role but during the course of investigation the injured has falsely assigned the role of causing firearm to him. It is further argued that applicant has criminal history of 5 cases which have been explained in the bail application as well as in the supplementary affidavit. It is lastly submitted that the conclusion of trial will take sufficiently long and there is no likelihood of his fleeing from course of justice or tampering with evidence in case of release on bail. Hence, bail has been prayed for. 2 BAIL No. 32236 of 2025

Learned A.G.A. as well as learned counsel for the informant has vehemently opposed the submission of learned counsel for the applicant and submits that accused applicant has committed a very heinous offence in furtherance of common object to all. It is submitted that two persons namely, Wasid and Javid have sustained 8 injuries in this case and they have assigned specific role and involvement of applicant in their statements. It is argued that injured Javid has specifically stated in his statement that applicant Nazim has caused firearm injury on his head. From the perusal of medical report/injury report and CT scan report injured Javid has sustained firearm injury and it has been stated in the injury report that tissue scan swelling is seen in the frontal and both parietal regions with few metallic densities of average 6x80cm (5814HU) in frontal region with clinical findings and other relevant investigation is suggested. The I.O. has also recorded the statement of Dr. Gajendra Verma, who also stated that the injury of injured Javid is caused by firearm. Thus the statement of injured is corroborated with the medical evidence available on record.

Without expressing any opinion on merits of the case and considering the submissions advanced, the nature of injury, previous criminal antecedents of applicant, specific role and involvement of applicant and gravity of the accusation and quantum of sentence, I find no good ground to grant bail to the applicant in the aforesaid case, at this stage.

The bail application is, accordingly, rejected.

The trial Court is directed to proceed the trial and to conclude the trial expeditiously, from the date of production of certified copy of this order without granting unnecessary adjournment, if there is no legal impediment. October 30, 2025 RA (Santosh Rai,J.)