Allahabad High Court
AZEEM HUSAINversusSTATE OF U.P.
- Decided
- Bench
- HARVIR SINGH
Holding
The Court held that bail could not be granted to the accused.
Summary
The High Court considered a bail application filed by Azeom Husain, accused in a criminal case under Section 109(1) of the Bharatiya Nyaya Sanhita, 2023, for alleged knife assault causing grievous injuries to the victim Rizwan. The applicant's counsel argued that he was falsely implicated, had no prior criminal record, and posed no flight risk. The State opposed bail, relying on a medical report that classified the injury as grievous and emphasized the seriousness of the offence. After weighing the gravity of the injury and the evidence of the applicant's alleged participation, the Court found no sufficient ground to grant bail. Consequently, the bail application was rejected, with the Court noting that its observations were limited to the bail matter and not a determination on the merits of the trial.
Issues considered
- Whether bail should be granted to the accused under Section 109(1) of the Bharatiya Nyaya Sanhita, 2023 in view of the alleged grievous injury caused.
- Whether the accused poses a risk of fleeing or tampering with evidence.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 109(1)
Subjects
- bail
- grievous hurt
- Section 109
- Bharatiya Nyaya Sanhita
- criminal procedure
- false implication
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 12317 of 2026
Azeem Husain
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Meraj Ahmad Khan
Counsel for Opposite Party(s) : G.A.
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,
BAIL No. 12317 of 2026
2
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. 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
(Harvir Singh,J.)
Digitally signed by :-
GURPREET SINGH
High Court of Judicature at Allahabad
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