Allahabad High Court · 2025-05-01
CRIMINAL MISC. BAIL APPLICATION No. 4970 of 2025 at Allahabad
- Citation / case number
- CRIMINAL MISC. BAIL APPLICATION No. 4970 of 2025 at Allahabad
- Court
- Allahabad High Court
- Petitioner
- CRIMINAL MISC. BAIL APPLICATION No. 4970 of 2025 at Allahabad
- Respondent
- Unknown
Judgment text excerpt
Neutral Citation No. - 2025:AHC:69469 Court No. - 47 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 4970 of 2025 Applicant :- Fazar Mohammad Opposite Party :- State of U.P. Counsel for Applicant :- Shamshida Tyagi 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, Fazar Mohammad, with a prayer to release him on bail in Case Crime No. 365 of 2024, under Sections- 318(4), 336(3), 338, 340(2), 109 B.N.S and Section 3/25/27 of Arms Act, Police Station- Budhana, District- Muzaffarnagar, 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 a