Allahabad High Court
Kasan @ Mohammad Ali vs State Of U.P. on 3 February, 2020
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 69 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 1295 of 2020 Applicant :- Kasan @ Mohammad Ali Opposite Party :- State of U.P. Counsel for Applicant :- Saqib Ahmad Counsel for Opposite Party :- G.A. Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri Saqib Ahmad, learned counsel for the applicant and Sri B. A. Khan, learned A.G.A. for the State and perused the record.
This anticipatory bail application has been moved seeking bail in Case Crime No. 102 of 2019, under Sections 147, 148, 149, 307, 336, 323, 504, 506 I.P.C. and 7 of Criminal Law Amendment Act, Police Station Ubhaon, District Ballia, during the pendency of trial.
As per the F.I.R., on 13.06.2019 when the marriage ceremony was going on of the niece of the informant, the accused applicant along with other co-accused named in the F.I.R. and some unknown persons assembled there with fire arm weapons as well as lathi-danda and with intention to kill made fire by which Dhanesh, Kamlesh, Chedi and large number of other persons have received injuries. Eight injury memos have been annexed which shows that fire arm injuries are sustained by the injured persons.
Learned counsel for the applicant has argued that the applicant has been falsely implicated in the present case; he is a student. It is further argued that he is apprehending imminent arrest by the police. The applicant has no criminal history. If the accused applicant is released on anticipatory bail, he will not misuse the liberty of bail and shall cooperate in the investigation.
Learned A.G.A. has vehemently opposed the prayer for granting anticipatory bail and has argued that the fire arm injuries received by large number of persons, therefore, anticipatory bail application of the accused should be rejected.
Taking into consideration the gravity of accusation and there being possibility of his fleeing from justice, without expressing any opinion on the merits of the case and looking to the fact that fire arm injuries have been received by large number of persons and no specific ground has been shown for false implication, it is not found to be a fit case for anticipatory bail.
The anticipatory bail application of the applicant Kasan @ Mohammad Ali, is, accordingly, rejected.
Order Date :- 3.2.2020/VPS