ASHIF Vs. STATE OF U P

JUDGEMENT

(1.) -The applicant Asif has filed Criminal Misc. Bail Application No. 21897 of 2006 and the applicant Chunnu Teli has filed Criminal Misc. Bail Application No. 19714 of 2006 with a prayer that they may be released on bail in Case Crime No. 808 of 2006 under Sections 288, 427, 338, 304 and 506, I.P.C. P.S. Nagina district Bijnor.

(2.) BOTH the applications are filed in the same Case Crime No. 808 of 2006 therefore, both the application are being disposed of by a common order.

(3.) IT is contended by the learned counsel for the applicant that there was no motive or intention of the applicant to commit the alleged offence. The alleged occurrence has taken place on account of the collapse of the house of the deceased and there was no fault on the part of the applicants. The digging of the foundation was done in the plot owned by the applicants and in digging the foundation there was no fault on the part of the applicants. The alleged occurrence has taken place in the month of July and heavy rain fall occurred in district Bijnor as a result of which the house of the deceased, which was in a dilapidated condition, collapsed. IT was a pure accident. The applicants are innocent. They have been falsely implicated in the present case due to ill will of the first informant.