CRIMINAL MISC. BAIL APPLICATION No. 37433 of 2024 at Allahabad

Neutral Citation No. - 2025:AHC:52310 Court No. - 47 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 37433 of 2024 Applicant :- Mahfooj Opposite Party :- State of U.P. Counsel for Applicant :- Hasan Parvej Counsel for Opposite Party :- G.A. Hon'ble Siddharth,J. Heard learned counsel for the applicant, learned A.G.A for the State and perused the material placed on record. The instant bail application has been filed on behalf of the applicant, Mahfooj, with a prayer to release him on bail in Case Crime No. 313 of 2024, under Section- 307 I.P.C and Section 3/25 of Arms Act, Police Station- Mundha Panday, District- Moradabad, pendency of trial. The implication of applicant is under Section 307 I.P.C. 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 they 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. The applicant is languishing in jail since 30.06.202