Ankit v. State of U.P.

Court No. - 78 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 49696 of 2019

Applicant :- Ankit Opposite Party :- State of U.P. Counsel for Applicant :- Dharmendra Pratap Singh Counsel for Opposite Party :- G.A.

Hon'ble Mrs. Manju Rani Chauhan,J.

Heard Sri Dharmendra Pratap Singh, learned counsel for the applicant, Sri P.K. Shahi, learned A.G.A. for the State and perused the material on record.

The instant bail application has been filed on behalf of the applicant, Ankit with a prayer to release him on bail in Case Crime No. 188 of 2019, under Sections 307, 414, 465 IPC, Police Station- Adarsh Mandi, District- Shamli , during pendency of trial.

It is argued by the learned counsel for the applicant that the applicant is absolutely innocent and has been falsely implicated in the present case with some ulterior motive. It is further submitted that for implication of applicant under Section 307 IPC causing injury or not causing the same is not relevant. Intention to cause the murder is relevant. Intention of the applicant was only to evade arrest by the police and he fired only to frighten the police. For implication under Section 307 I.P.C. intention forms necessary ingredient of offence in any particular case. It necessarily precedes the act and should be discernible from the allegations on record, which is lacking in this case. It is further argued that the co-accused persons, namely, Akash and Sanni @ Satendra having similar role have already been granted bail by another Bench of this Court vide order dated 25.09.2019 and 14.10.2019 passed in Cri. Misc. Bail Application Nos. 39313 of 2019 and 41650 of 2019 respectively, copy of which order has been appended as Annexure No. 4 to the affidavit accompanying the bail application, hence the applicant is also liable to be enlarged on bail on the ground of parity. The applicant has no criminal history except the present case and is languishing in jail since 26.06.2019. In case, he is released on bail, he will not misuse the liberty of bail and will cooperate in the trial by all means. Lastly, it is submitted that there is no chance of applicant fleeing away from judicial process or tampering with the witnesses.