Rashid vs State Of U.P.
- Neutral2026:AHC:106396
Ratio decidendi
The rule this decision rests on
Where a bail applicant is charged with murder under Section 302 IPC and the case against him rests on specific allegations of assault with a weapon witnessed by multiple eyewitnesses, coupled with recovery of a blood-stained weapon on his pointing out, bail may be refused during trial.
Written by Miss Lucy from the judgment below, not taken from a headnote.
Judgment
As delivered
HON'BLE ARUN KUMAR SINGH DESHWAL, J. 1. Heard learned counsel for the applicant, Sri Himanshu Kumar, learned A.G.A. for the State and perused the record.
2. Instant bail application has been filed with a prayer to release the applicant on bail during the trial in Case Crime No. 49 of 2022, under Sections 302, 323, 34 IPC, Police Station- Rorawar, District Aligarh.
3. Contention of learned counsel for the applicant is that the applicant has been falsely implicated in the present case though there is no eye witness of the incident. The applicant is in jail for more than four years and only 8 witnesses have been examined till date. Therefore, the applicant is entitled to be released on bail during trial, as his right to speedy trial has been infringed due to non-completion of the trial. The applicant has explained the criminal history of one case. In case, he is granted bail, he will not misuse the liberty of bail and would cooperate in the trial proceedings.
4. On the other hand, learned A.G.A. for the State vehemently opposed the prayer for bail and submitted that there is eye witnesses of the incident, who clearly stated and supported the FIR version and also stated that the applicant cut the neck of the deceased with knife and on pointing out of the applicant a blood stained knife was also recovered. It is further submitted that post mortem report also shows that the cause of death of deceased is injury on his neck, therefore, the applicant is not entitled to be released on bail.
5. Considering the submissions of learned counsel for the parties and taking into account the fact that there is specific allegation against the applicant for assaulting the deceased with knife which was witnessed by several eye witnesses coupled with the fact that a blood stained knife was also recovered on pointing out of the applicant, therefore, this Court is not inclined to grant bail to the applicant. 6. Accordingly, the present bail application is rejected.
(Arun Kumar Singh Deshwal,J.)
May 7, 2026
A.Kr.
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