CRIMINAL MISC. BAIL APPLICATION No. 46939 of 2024 at Allahabad

Neutral Citation No. - 2025:AHC:38870 Court No. - 47 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 46939 of 2024 Applicant :- Prince Opposite Party :- State of U.P. Counsel for Applicant :- Amit Ojha,Anurag Kumar Mishra Counsel for Opposite Party :- G.A. Hon'ble Siddharth,J. Counter affidavit filed by learned AGA is taken on record. Heard learned counsel for the applicant and learned A.G.A. for the State. The implication of applicant is under Section 109 B.N.S. 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 109 B.N.S 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 in jail since 24.09.2024. Applicant has criminal history of 11 cases. Learned AGA has opposed the prayer for bail but could not dispute the above submissions. Keeping in view the nature of the offence, evidence, complicity of the accused; submissions of the learned counsel for